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HomeMy WebLinkAbout12-20-06 (3) ~ LAW OFFICE OF TBOMA.8 C. CLA.JtE. P.C. It PROFESStoNAL CORPORATION 4~' EAST ....IN STREET P.O. 80X 57 MIOOLE15URG. PA '711'&.1.0057 TELEPHONE t!570lIll37-00.1 FAX 1570)837.13$0 ~ II , , Estate File No. 2106-0531 FAMILY SETTLEMENT AGREEMENT AND AGREEMENT TO INDEMNIFY. RECEIPT AND RELEASE TillS AGREEMENT made and entered into this d-..O y!J day of ~ . 2006, by and between FRANKIE H. HERR, of362 East Derry Road, Hershey, PA 17033, Administrator C.T.A. of the Estate of DARLENE S. HERR, deceased, and FRANKIE H. HERR, of362 East Derry Road, Hershey, PA 17033, as Administrator C.T.A. of the Estate of FRANK M. HERR, deceased, being the sole beneficiary of the Estate of DARLENE S. HERR, deceased, for the purposes of making a family settlement of the Estate of DARLENE S. HERR, deceased. WHEREAS, Darlene S. Herr who resided at 525 First Street, Carlisle, Carlisle Borough, Cumberland County, Pennsylvania, died February 7, 2005 having left her Last Will and Testament dated December 19, 1989 which was duly admitted to probate by the Register of Wills of Cumberland County on June 15, 2006; and WHEREAS, Frankie H. Herr was duly appointed as Administrator C.T.A. of the Estate of Darlene S. Herr, deceased, by reason that the first named Executor in Decedent's Last Will and Testament, namely her husband, Frank M. Herr, died on January 16,2006, and the successor Executor named in Decedent's Last Will and Testament, namely Valley Bank and Trust Company, now by mergers M & T Bank, has renounced its right to Letters Testamentary, and Decedent's remaining next of kin were her sons, Frankie H. Herr and Freddie F. Herr; however, the said Freddie F. Herr renounced his right to be granted Letters of Administration Cum Testamento Annexo so that Frankie H. Herr could act in a capacity as sole Administrator C.T.A.; and '" (") ~ ::0 WHEREAS, paragraph SECOND of Decedent's Last Will and Test~rovidiintef~~as . :: ....L (") C"") c;;) ::1") ... '1> r- -- -'C-J follows: ' :: zen N fTi rn ::u3~ 0 ~X:J CJ "SECOND: I give, devise and bequeath all of my estate of whatsoevei;~~ anGher~~~~ situate to my husband, Frank M. Herr,... "; and ~~ ~ ~1 ~ en - 1 - 1 ! ~ Estate File No. 2106-0531 WHEREAS, all debts, costs, administration expenses, taxes and all other costs and expenses whatsoever in connection with the said Estate have been paid by the Estate of Frank. M. Herr, deceased, and the parties to this Agreement are desirous of making a family settlement of the said Estate. NOW, THEREFORE, in consideration of the above, and of the sum of ONE ($1.00) DOLLAR and other good and valuable consideration mutually paid each to the other, receipt whereof is hereby acknowledged, the said parties to this Agreement do hereby agree that a true and correct accounting has been made, which is satisfactory to them. AND FURTHER, in consideration of the above, the parties hereto do hereby fully and completely release and discharge the Estate and Frankie H. Herr, Administrator C.T.A., of and from any and all claims against it or him or any of them whether as administrator, heir, legatee, or otherwise, and also against any and all other parties in any way connected with the settlement of the Estate and do hereby agree that Frankie H. Herr may be discharged as Administrator C.T.A. by the Court, without further procedure or accounting. MOREOVER, the parties hereto agree that if any further claims shall be made against the Estate or the Administrator C.T.A., which the Administrator C.T.A. with the advice of counsel deems valid, the said Estate of Frank M. Herr, deceased, shall pay the same; and further, Frankie H. Herr as Administrator C.T.A. of the Estate of Frank M. Herr, deceased, agrees that he shall save Frankie H. Herr, Administrator C.T.A of the Estate of Darlene S. Herr, deceased, harmless from all claims and indemnify him for the same and all expenses in connection therewith or in connection with resisting any claims which he does not consider valid. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year ~~ (SEAL) FRANKIE H. HERR, Administrator C.T.A. of the Estate of DARLENE S. HERR, deceased, and Administrator C.T.A. of the Estate of FRANK M. HERR, deceased LAW OFFICE OF TBON..UI 0. CLA.JU[. P.o. . PROFESSIONAL CORPOIllATlQN 431 f;AST MAIH ST.EET P.O. 80X 57 MIOOLEeURG. fl. ,78.2.0057 TELE~HONE 15'7011137.0081 FAX ($70'8374'360 -2- ~, LAW O""tCE Of" TB~o. 0LAlIlK. P,O. A P"OFI[SSIONAL CO."OlltATfON ~3' E:AST MAIN .lA&El ".0. BOX 57 NfDDL!:IWft'G. "A 17."2-0057 TlLEPHONE 11I70'837.00.' "AX (5701.37-13.0 11 Estate File No. 2106-0531 COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF SNYDER: Before me, the undersigned officer, in and for said County and State, personally appeared FRANKIE H. HERR, Administrator C.T.A of the Estate of DARLENE S. HERR, deceased, and individually and as Administrator C.T.A. of the Estate of FRANK M. HERR, deceased, known to me (or satisfactorily proven) to be the person who signed the foregoing Agreement and in due form of law acknowledged the same to be their act and deed and desired it to be filed as such for the purposes therein set forth. WITNESS my hand and Notarial seal this ~ day of ~GfYJ ~ , 2006. &auh< ~\cQ-^- COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LAURA R. JANOVICH, NOTARY PUBLIC MIOOlEBURG BORO, SNYDER COUNTY MY COMMISSION EXPiRES NOVEMBER 2 2008 .~. . _...~__.._ I H/HER-D,FSA GDB(TCC-9541A) -3-