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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION ~~
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NO: 2007-00353
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IN RE:
ESTATE OF GORDON L. McKIERNAN
Deceased
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FAMILY AGREEMENT AND
RECEIPT AND RELEASE
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THIS AGREEMENT by and between JAY S. McKIERNAN and JOEL
L. McKIERNAN, as co-Executors of the Estate of GORDON L. McKIERNAN,
deceased and SHIRLEY McKIERNAN of Mechanicsburg, Pennsylvania.
WHEREAS, Gordon L. McKiernan, who resided at Messiah
Village, 222 Messiah Circle, Mechanicsburg, Pennsylvania, died
March 5, 2007, having left his Last Will and Testament dated March
10, 1998, which was duly admitted to probate by the Register of
Wills of Cumberland County at the above number and term on April
11, 2007; and
WHEREAS, Jay S. McKiernan and Joel L. McKiernan have been
duly appointed Co-Executors of the Estate of Gordon L. McKiernan,
after Shirley McKiernan duly executed a Renunciation of her right
to administer the Estate in favor of Jay S. McKiernan and Joel L.
McKiernan; and
WHEREAS the parties in interest under the Last Will and
Testament of Gordon L. McKiernan are:
(1) Shirley McKiernan, wife
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WHEREAS, each of the above identified parties is entitled
to a one hundred (100%) percent distributive share of the residuary
estate; and
WHEREAS, each of the above named has 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 the final distribution of this estate be
accomplished without a formal accounting to the Orphans' Court
Division of the Court of Common Pleas Cumberland County, it being
the desire of the parties to avoid the expense, delay and publicity
of a formal accounting; and
WHEREAS, the parties acknowledge receipt of a Proposed
Schedule of Distribution.
NOW THEREFORE, in consideration of the mutual promises
and agreements recited herein the parties agree as follows:
I, Shirley McKiernan, do hereby acknowledge that I am
receiving the sum of $31,403.76 as payment of any amount that I may
be entitled to receive for any and all entitlements, due to me from
the Estate of Gordon L. McKiernan and acknowledge that this is full
and complete satisfaction of any and all devises, bequeaths,
rights, entitlements or claims of any kind that I have against the
above referenced estate.
I further acknowledge that I accept this distribution,
full disclosure of all administration of the estate, and
acknowledge that this does not include any funds in joint bank
accounts.
I further hereby release Jay S. McKiernan and Joel L.
McKiernan, coo-Executors, from any claims and liabilities which may
arise against them as a result of the administration of the Estate
of Gordon L. McKiernan, and agree to hold them harmless and
reimburse them my pro rata share of any such expense incurred by
them as a result of the administration of the estate, should a
charge be imposed.
I hereby expressly waive my right to have a formal
accounting prepared and presented to the Court, with the
understanding that such a waiver forever bars me from claiming that
Jay S. McKiernan and Joel L. McKiernan, co-Executors, have
committed any mistake, error, negligent act, or wrong in connection
with the receipt, management and/or disposition of the assets of
the Estate of Gordon L. McKiernan.
INTENDING to be legally bound, I have signed this Family
Agreement and Receipt and Release, this
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day of tr~ i
2008.
WITNESS:
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ShirleycKiernan '
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as co-Executor of the
Estate of Gordon L.
McKiernan
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oel L. McKiernan
As co-Executor of the
Estate of Gordon L.
McKiernan