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Home My WebLink About09-21-07 In Re: ESTATE OF VIRGINIA M. HERSHEY, deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 2006-00900 : -") : F AMIL Y SETTLEMENT AND : INDEMNIFICATION AGREEMENT l~- : Filed on behalf of Robert S. Hershey : Executor of the Estate of : VIRGINIA M. HERSHEY, : Deceased WHEREAS, VIRGINIA M. HERSHEY, with her last address at 100 Mt. Allen Drive, Mechanics- burg, P A 17055, died testate on September 28,2006; The Last Will and Testament dated January 7, 2000, was duly admitted to probate on by the Register of Wills of Cumberland County, Pennsylvania on October 13,2006, at the above number and term; and WHEREAS, Robert S. Hershey has been duly appointed as Executor of the Estate of VIR- GINIA M. HERSHEY, Deceased; and WHEREAS, the parties in interest to the Estate of VIRGINIA M. HERSHEY, are: (1) Robert S. Hershey, Son, Executor, beneficiary (2) Anna Marie Ruhl, Daughter, beneficiary (3) Betsy Brunick, Daughter, beneficiary (4) Stephanie Fillman, granddaughter, beneficiary (5) Lora Ruhl, granddaughter, beneficiary (6) Daniel Brunick, grandson, beneficiary (7) Jason Brunick, grandson, beneficiary \,7'-. (8) Amy Stauffer, granddaughter, beneficiary (9) York Springs Lions Club, charity, beneficiary (10) York Springs Fire Company, charity, beneficiary (11) Sunnyside Cemetery of York Springs, charity, beneficiary (12) Holy Trinity Lutheran Church of York Springs, charity, beneficiary WHEREAS, all known outstanding debts and obligations of the Decedent have been paid in full; WHEREAS, each of the parties to this Agreement has been furnished with a complete list of the estate assets and receipts, attached hereto as Exhibit "A" and disbursements as set forth on the accounting attached hereto as Exhibit "A"; and WHEREAS, it is the desire of the parties to this Agreement, that final distribution of this es- tate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Adams County, Pennsylvania, or any other court of competent jurisdiction, it be- ing the desire of the parties to avoid the expense of a formal accounting; and WHEREAS, the parties to this Agreement each acknowledge they have received a proposed Summary of Account attached hereto as part of Exhibit "B". WHEREAS, the parties to this Agreement each acknowledge they have received a proposed Schedule of Distribution attached hereto and marked as Exhibit "B"; and WHEREAS, each of the parties to this Agreement does acknowledge their receipt from the Executor the distribution, if any, as evidenced by Approval of Account and Release, which is at- tached hereto and marked as Exhibit "C". NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. Each of the parties to this Agreement does hereby release and forever discharge the Executor from any and all liability which may from time to time arise in connection with their service as Executor of the Estate of VIRGINIA M. HERSHEY, Deceased. The parties do further agree to indemnify and hold harmless the Executor from any and all liability which may arise against the estate from creditors or other claimants. 2. Each of the parties does hereby acknowledge receipt of the assets, if any, described in the Exhibits attached hereto. 3. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings in this or any other state, and that the terms hereof shall be binding upon their respective heirs, successors, Executor and assigns. 4. This Agreement shall be governed by the laws ofthe Commonwealth of Pennsylvania. Dated at York Springs, Pennsylvania this ~ day of :;-;-LY , ,2007. WITNESS: /' ~~{;Ur ~ ~L- (C Gi 3 ~ ~A(L~i Anna Marie Ruhl c (~.... 0 '-0lU- 'lU..c-k.. ".-.--' Be~~ r1~1q ~~v'4 tf2=-~ JL.V~ W, J dzt?;..5/! // 7th i(ia,,-<-ZJ ~47 d~~ / " / ' d67fl- I3-L,~t Lora Ruhl Thv~ ~. Daniel Brunick ~ ~u.A1La Jas n Brumck ~ o'wv . ,,~l Amy auf fer .! ~ ~ ... /;J L/ /J 4 (' L ~L -- /( O-<..~ , J-LJ York Springs Lions Club iJL./o~ _ Sunnyside Cemetery of York Springs ACCOUNTING OF THE EST A TE OF VIRGINIA M. HERSHEY, DECEASED ASSETS Descriptio n .....mmmmm........ ... ..mm.. mmm ........ ..om Amount Adams County National Bank Acct. #1965174mmmo mmmmm?,44~:?~m ..~(;ly~t:lg~J?(?t:l~~~~~~~~~(;l~A~(;l~~~(?~t:lt.Y~(;lt.~(?~(;l1J?<l~ ..... m .. ..mm ....m~'}~4:~~m . .~~~<li~~t:lg!,~~~i<?~J?~~~:fit. .. m. .. ........... ..mmm ..... ..m ..... ..mmmm.. Om .mm ..... ... .......?"~??}4m .....--.................................-......................................-.................,.....................................................,............................................................................................................................... ........ .-.................-..................-..............."........................................................................................................................................................................................................-............... .................... .................. ...............................,..,.-....................................................................................................................................................................-............................... Total m... m.. .. }?"?}~:?~m ............ ...................................................-.....................................-...........................................................-.....................................................................--................................... ACCOUNTING OF THE ESTATE OF VIRGINIA M. HERSHEY, DECEASED DISBURSEMENTS BY EXECUTOR Description Amount Mi~<:;:f~t:l~~<l~~?SP~t:l~~~m 248.54 ~~~~~~1.<lt:l~~g~~!y~~gi~!~~gryygI~m 252.00 The Sentinel 144.29 Cumberland Law Journal 75.00 M . hn.. 6,372.00 eSSIa V wage lI,.lb tn.' 132.83 " . erL 1 y AXA T' . '_1 152.04 ~.~.~.~.~~l<lt:l.~....~g.~.~!y.~~gi~!~~...<?f.yyil.l.~....(~.t:ly~t:l!<?ry)....... 15.00 ... .~.~!l1.~.~~l<l~~...~.g.~~!y..~~gi.~.!~~..gfyyi~I~...(g~!~~)...... 24.00 .~.~.~.~.~~l<lt:l~...~g.~~~y...~~gi.~.~~~...<?f..yyi.~l~.(y<l!l1ily...Ag~~~.~.~.t:l!)...... 56.00 }<?h?~:?:~pp,JI~A!t.g~~yA!~<l~mm 657.56 ~~!l1~~rl<lt:l~~g~~ty~~gi~!~E<?ryyills,Ag~t:l!m 203.66 Total q;:~ 11') Q') Exhibit "A" ACCOUNTING OF THE ESTATE OF VIRGINIA M. HERSHEY, DECEASED SUMMARY OF ACCOUNT Estate Assets Less Disbursements $ 15,332.92 $ 8,332.92 BALANCE $ 7,000.00 The following assets are hereby proposed for distribution to heirs pursuant to this Agreement: Name Distribution Robert S. Hershey 0.00 Anna Marie Ruhl 0.00 Betsy Brunick 0.00 Stephanie Fillman 1,000.00 Lora Ruhl 1,000.00 Daniel Brunick 1,000.00 Jason Brunick 1,000.00 Amy Stauffer 1,000.00 York Springs Lions Club 500.00 I York Springs Fire Company 500.00 Sunnyside Cemetery of York Springs 500.00 Holy Trinity Lutheran Church of York Springs 500.00 Exhibit "B" RECEIPT OF DISTRIBUTION, APPROVAL OF ACCOUNT AND RELEASE The undersigned being those interested under the Last Will and Testament of VIRGINIA M. HERSHEY, Deceased, desire that the Estate be distributed without the formality of a court account- ing. The Executor of the Estate is willing to consent to such distribution upon receipt of a proper re- lease, which is the purpose of this document to provide. In consideration of the willingness of the Executor to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned, individually, and on behalf of their respective heirs, personal repre- sentatives, successors and assigns, do hereby: 1. Waive the filing of an account of the administration of the Estate in any court. 2. Declare that they have examined the attached informal account and proposed state- ment/schedule of distribution of the Executor of the Estate of VIRGINIA M. HERSHEY, Deceased; find it to be true and correct in all particulars; accept and approve it with the same force and effect as if it had been prepared and filed with, audited, adjudicated and confirmed absolutely by a court of competent jurisdiction; and as ifthe balance of principal and income had been awarded by the court in accordance with the statement/schedule of distribution. 3. Warrant that the beneficiaries named in the informal accounts and statements/schedules of distribution are entitled to receive the entire distribution thereof in accordance with the informal ac- count and statement/schedule of distribution. 4. Warrant that they know of no outstanding and unsatisfied claims against the Estate and approve the distribution of the balance of principal and income shown in the informal accounts and statements/schedules of distribution to the persons set forth therein. Exhibit "C" 5. Absolutely and irrevocably release and discharge the Executor his heirs and personal represen- tatives of and from any and all actions, liabilities, claims and demands relating in any way to the admini- stration of the Estate and distribution in accordance with the informal account and statement/schedule of distribution and without a court accounting and adjudication. 6. Agree to indemnify and hold harmless the Executor his heirs and personal representatives from and against any claims, liabilities, loss or expense (including costs and counsel fees) arising from any cause whatsoever, which the Executor may incur as the result of the administration ofthe Estate and its distribution in accordance with this document to the extent to which they have received distribution under this agreement, including, but not limited to, any liability for any Federal Estate Tax, Pennsylvania Inheri- tance Tax or any other death taxes, and any Federal or Pennsylvania Income Taxes and Pennsylvania Per- sonal Property Taxes, together with any interest, penalties 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 law or fact. 7. The undersigned hereby acknowledge receipt of those assets as set forth on the proposed statement/schedule of distribution as of the date of the execution of this receipt of distribution, approval of account and release. Date: .7/ Y/d) WITNESS: /Z~ ;L t2~, ~ Robert S. Hershey 0~ {C~ ~~ /1~~ RdJ Anna Marie Ruhl "-_~\'~~1JL," ~. "-j~~C~ B=~~ . . /.7 ~~ r'~"' / ~.~ tf2~/C-~~' -}. 'f; cJ-&II~-i " .I c. II ' / 1~/-t7J) tJ'2A-{"h</J 1/// --- "..,./ / '.,./ (711:, t ~::fYt PW~ ~ " . ~\1{rr~P ~14f1 Steph~nie Fillman dmGL I2LJt1 Lora Ruhl ""':l . - j- ~~ Daniel Brunick ~ -B-<&PlJ Jas n Brumck ~v* Amy S~uffer ' York Springs Lions Club York Springs Fire Company Sunnyside Cemetery of York Springs Holy Trinity Lutheran Church of York Springs