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Home My WebLink About12-20-07 .. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2007-00236 C) -----------------------------------------------------------------------------~~ -i0 -',:\::1 ESTATE OF BETTY H. DUNWOODY. DECEASED Late of Silver Spring Township, Cumberland County, P A '~~i (;:~ ______________________________________________________________________________ 1__ -::-'1 ::"::'j F AMIL Y SETTLEMENT AGREEMENT AND RELEASE OF SCOTT T. DUNWOODY, EXECUTOR ....., c.:=l = -..J C.:1 r...., CJ N o ~:--,,~ ::0- ::11: \.0 .. N Cf) Date of Death: December 14,2006 Letters Granted: August 29,2007 First Complete Advertisement of Grant of Letters: September 24, 2007 Account stated to October 29, 2007 Tricia D. Naylor, Esq. 104 South Hanover Street Carlisle, P A 17013 (717) 243-7437 f;;~ i:-) '::;~ I... !'", ..-, --....,;"'-" -;:: ~;-:\ _ ::.r:! '_:~ C) , ::,n .~ AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Scott T. Dunwoody, Executor of the Estate of Betty H. Dunwoody, Deceased and Donald R. Dunwoody, Scott T. Dunwoody, and Dwight L. Dunwoody. WHEREAS, Betty H. Dunwoody died December 14, 2006, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Betty H. Dunwoody dated July 17, 1984, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 2007-00236 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Scott T. Dunwoody on August 29, 2007; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in ITEM THREE of her Will, decedent devised and bequeathed all of the remainder of her estate and property, of whatsoever nature and wheresoever situate, in equal shares to such of her sons, DONALD R. DUNWOODY, SCOTT T. DUNWOODY and DWIGHT L. DUNWOODY, or their issue, per stirpes, who survived her death by thirty (30) calendar days. WHEREAS, DONALD R. DUNWOODY, SCOTT T. DUNWOODY and DWIGHT L. DUNWOODY have been furnished with a complete listing of the estate assets, receipts and disbursements; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. Donald R. Dunwoody, Scott T. Dunwoody, and Dwight L. Dunwoody do hereby release and forever discharge Scott T. Dunwoody, Executor, from any and all liability which he had or may have or which may from time to time arise in connection with his service as . Executor of the Estate of Betty H. Dunwoody, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against their shares of said estate, and in consideration for said distribution, hereby agree to refund any amounts so distributed which may be required to fully discharge any tax liability of the estate, debts of the decedent, or administration expenses. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, executors, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this 2-1+-A day of Ock~ ,2007. s~~~utorand Beneficiary ~E~ Wit~ '-- '.4! A..n.h~ D. , ~~:; Witness ~~,~ Witn s E3rk~A LAST WILL AND TESTAMENT OF BETTY H. DUNWOODY ~ ~ ,J.l .~ ~~ . ."" ~ .~ r~~ ~ ~ \.:"'~ ..~ I, BETTY H. DUNWOODY, having my legal residence at 2706 Hoffer Street, Borough of Penbrook, Dauphin County, Commonwealth of Pennsylvania, do hereby declare this to be my Last Will and Testament, revoking all other Wills and Codicils heretofore made by me. ITEM ONE: I direct that all my just debts and the expenses of my last illness and funeral be paid from my estate as soon as practicable after my death. ITEM TWO: It is my intention to give and bequeath certain items of my personal property to specific individuals by a letter or memorandum which I shall attach to this my Last Will and Testament, signed and dated, and it is my hope t!a,~t my€e-Exe.cal;lzers will be guided by my suggestions as to the distribution of those ~tems. ITEM THREE: I devise and bequeath all of the remainder of my estate and property, of whatsoever nature and wheresoever situate, in equal shares to such of my sons, DONALD R. DUNWOODY, SCOTT T. DUNWOODY and DWIGHT L. -.", DUNWOODY, or their issue, per ~tirpes, who survive my death by thirty (30) calendar days. In the event that any of my sons should predecease me survived by issue, it my desire that a Trust Account be establi&hed for each such grandchild who is less than twenty-one (21) years of age at the time of ff:l\tc Di ~a~. , ., ~t]lll""-..r~IIl_III..IHJnl..n, -...h.~._"""".J.,_.._.,, ",! "-" :Jill,l-,,...L_ my death and who survives my death by thirty (30) calendar days. I hereby appoint the mother of each such grandchild for whom a Trust Account is established to act as Trustee for the benefit of each such grandchild and direct that my Trustee or Trustees shall be permitted to serve without bond ,,~;t;la.~H;: court intervention, except as may be 'fit health, maintenance and education (including post-high school) for each grandchild for whom a Trust Account is established, in such amounts and at such times as my Trustee, in her sole discretion, deems proper. At such time as each such grandchild for whom a Trust Account is established attains the age of twenty-one (21) years, my Trustee shall,distribute the principal and accumulated income, if any, to each such grandchild from his or her Trust Account. ITEM FOUR: All estate, inheritance, succession and other death taxes, imposed or payable by interest and penalties thereon, with ; ,,@!S ,estate fer death ,w~~~;:~ er y passfes under this ~y Last Will and Testament, shall be paid out of the principal of my general estate, as if such taxes were administration expenses, without apportionment or right of reimbursement. I authorize my legal representatives to pay all such taxes at such time or time~~a8 may be deemed advisable. \ ITEM FIVE: I appoint my sons, SCOTT T. DUNWOODY and DWIGHT L. DUNWO~DY, or either of them or the survivor of them, Co-Executors of this my Last Willi and 2 "~I "";C;;;,j~i4:i\ii~~ Testament and direct that they be permitted to serve without bond and without any intervention of any court except as required by law. Except as suggested by the memorandum referenced in Item Two hereof, I authorize my Co-Executors to sell, encumber, mortgage, invest, distribute in kind, or retain any items of property estate in such manner as IN WITNESS WHEREOF, I have at Hershey, Pennsylvania, this n\L- day of cjUL '-I , 1984 set my hand and seal to this, my Last Will and Testament consisting of three (3) pages. Ji /3;1#' '''~/ BETTY . DUNWOODY Residence ~~ , , 3 ACKNOWLEDGEMENT /iwe. BETTY H. DUNWOODY, ~ l. \~'1 ~ f ~- ,4-- 701'f , the Testatrix and the witnesses, respectively, whose names are signed to the v' attached or foregoing instrument, being first duly sworn, do hereby dec lar~,;~~i+"_'i+,/. TestatrixsTgned and execute Will and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and that to the best of their knowledge the Testatrix was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. and Subscribed, sworn to and acknowledged before me BETTY H. DUNWOODY, the Testatrix, and subscribed and to J2.e-fore me by GP<\Vi l., ~d3. and - ...1 o..J A. '7 lJ S r-- , withesses, tHis \r day of ( - {SEAL) -- ,:., ~ MEMORANDUM TO THE LAST WILL AND TESTAMENT OF BETTY H. DUNWOODY Except as indicated below, it is my wish that my three sons, DONALD R. DUNWOODY, SCOTT T. DUNWOODY and DWIGHT L. DUNWOODY, choose from among my household goods, personal effects and tangible personal property such items as each desires~Iri as" il'early equal shares-as-is' pracElca15Te .-- Any of my household goods, personal effects and tangible personal property not so selected shall be sold and the proceeds therefrom distributed as set forth in Item Three of my Last will and Testament. It is my intention to give the following items of personal property to the person(s) whose name(s) appears opposite the item listed: Car to be given toBwl~. .s~o# ~,~ ~ ~hV ~ Jl.d.-d ~ ~ a.. b~..,. ~~ .0 ' 1 r8,J4A ~ ~ o~ ~ (ytYO - f>~ r ~ ft..b .~ (I,.... .~ J-J ?-'J:JJ a.I1. ~c>-- ~,~~ cni~ ~~-- ~~.-f~' .'1.. \ i I '? ,/ ",;,.,,/ . '// 6~/ .:( ..... .........,~. . 0' 8~)/. .~<<<~~ BETTY H DUNWOO Y DATE -, '. I