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Home My WebLink About11-02-07 IN THE MATTER OF THE ESTATE OF MARY S. STAPF, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~c_ ~::I No. 2007-00784 " RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTION FROM THE ESTATE i ,. . -~,~, THIS AGREEMENT, made as of this 18th day of October, 2007, c. WIT N E SSE T H: THE CIRCUMSTANCES, leading up to the execution of this Agreement are as follows: 1. Mary S. Stapf (the "Decedent"), late of Lower Allen Township, Cumberland County, Pennsylvania, died testate on August 2,2007. 2. The Decedent was survived by her two adult children, Mary Barbara Stapf Cleveland and John S. Stapf, Jr. (collectively, the "Children"), and by her two adult grandchildren, Thomas G. Stapf, Jr. and John N. Stapf (collectively the "Grandchildren"), who are the children of the Decedent's deceased son, Thomas G. Stapf, who died on May 16,2003. 3. The Decedent's Last Will and Testament, dated March 20, 1996 (the "Will") was duly admitted to probate by the Register of Wills of Cumberland County, Pennsylvania (the "Register"), and entered of record as No .2007-00784. 4. The Register has issued Letters Testamentary to John S. Stapf, Jr., as Executor (the "Executor") of the Decedent's probate estate (the "Estate"). 5. Administration of the Estate is continuing, pending the settlement of the Decedent's Pennsylvania Inheritance tax liability, and preparation and filing of the federal and state fiduciary income tax returns for the Estate and the final federal and state individual tax returns for the Decedent. % 6. Per the Decedent's Will, the residue of the Estate is to be distributed per stirpes to the Decedent's issue, i.e., one-third (1/3) to each of the Children and one-sixth (1/6) to each of the Grandchildren. 7. The Executor is willing to make an interim distribution from the Estate at this time in the amount of $120,000, in consideration of the indemnifications hereinafter provided, with the same to be distributed in the following manner, in partial satisfaction of the distributees' respective rights in the Estate: John S. Stapf, Jr. Mary Barbara Stapf Cleveland Thomas G. Stapf, Jr. John N. Stapf TOTAL 1/3 share 1/3 share 1/6 share 1/6 share $40,000 $40,000 $20,000 $20.000 $120.000 NOW THEREFORE, in consideration of the foregoing, and intending to be legally bound, individually and jointly and severally, the Children and Grandchildren, for themselves and for their respective heirs, personal representatives, successors and assigns, do hereby agree as follows, to wit: A. They represent and warrant that they have read and understand this Agreement and confirm that the facts set forth are true and correct, to the best of their knowledge, information and belief. B. To the extent of the above described interim distributions, they hereby absolutely and irrevocably remise, release, quit-claim and forever discharge the Executor, including his personal representatives and successors, of and from any and all actions, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the Estate and/or to the Will. C. They agree to refund, on demand, all or part of aforesaid distributions which have been determined by the Executor, or by the Orphans' Court Division of the Common Pleas of Cumberland County, Pennsylvania (the "Court"), or by any court of competent jurisdiction to have been improperly made. D. To the extent of the aforesaid interim distributions to each of them, they each agree to indemnify and hold harmless the Executor, together with his attorneys, agents, employees, predecessors, successors and assigns, from any and all claims, loss, liability or damage that may hereinafter be asserted against the Executor or any such persons, with respect to the matters set forth in this Agreement. E. They acknowledge that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. F. They consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the distributees have set their hands and seals to the Consents attached hereto, to be effective as of the date first above written. CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTION FROM ESTATE JOHN S. STAPF, JR., as a residuary legatee of the Estate of Mary S. Stapf, deceased, hereby consents to and joins in the Receipt, Release, Refunding and Indemnity Agreement For Interim Distribution from the Estate, a copy of which has been provided to him, for the purposes expressed therein. ~./"~r/ r JOHN S. STAPF, JR. COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF DAUPHIN On this, the -/..-J- day of &~Io{f ,2007, before me, the undersigned officer, personally appeared JOHN S. STAPF, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. J/(JM4" /lJ. IAln, ",,(j;:, N tary Public COMMONWEAlTH Of PENNSYlVANIA NOTARIAl SEAl DONNA M. WIERMAN, Notafy PubHc f Susquehanna Twp., Dluphln County My Commission Expires July 28. 2009 CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTION FROM ESTATE MARY BARBARA STAPF CLEVELAND., as a residuary legatee of the Estate of Mary S. Stapf, deceased, hereby consents to and joins in the Receipt, Release, Refunding and Indemnity Agreement For Interim Distribution from the Estate, a copy of which has been provided to her, for the purposes expressed therein. MARY BARBARA STAPF CLEVELAND STATE OF NEW YORK COUNTY OFlli~ (" SS On this, the z., L day of a..k:fxt, 2007, before me, the undersigned officer, personally appeared MARY BARBARA STAPF CLEVELAND., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have hereunder mdZI RENrTA C. MALONe ~ PublIc State of New '4bIIr ~Iitration NO. 01 MA802OG14 Qualified In Dutchea CourU.......lI CommiII6on ExpItw 1 Marah ~ CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTION FROM ESTATE THOMAS G. STAPF, JR., as a residuary legatee of the Estate of Mary S. Stapf, deceased, hereby consents to and joins in the Receipt, Release, Refunding and Indemnity Agreement For Interim Distribution from the Estate, a cop of which has been provided to him, for the purposes expressed therein. I COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF LANCASTER On this, the ~ day of OC~r- ,2007, before me, the undersigned officer, personally appeared THOMAS G. STAPF, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. ~, ~,. ?J~/ Notary Public c.man.1IIIIl othl..tVIIIIa NOTARIAL SEAL LAUREN R. NEW8WMGER. "*' PUle .... Hlmp.11J1d Twp., LInc:IItIf County CommIuIon tt, IOU CONSENT TO RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR INTERIM DISTRIBUTION FROM EST A TE JOHN N. STAPF, as a residuary legatee of the Estate of Mary S. Stapf, deceased, hereby consents to and joins in the Receipt, Release, Refunding and Indemnity Agreement For Interim Distribution from the Estate, a copy of which has been provided to him, for the purposes expressed therein. JOHN~-. COMMONWEALTH OF PENNSYL VANIA SS COUNTY OF LANCASTER On this, the '2 Z day of IJc,fJ;~, 2007, before me, the undersigned officer, personally appeared JOHN N. STAPF, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have hereunder set my hand and official seal. ~5~ Notary Public t:IOI arI1 .. 'l'>lI IIn l.f . au.. ...... .... ellMlIUIU .. 2011