HomeMy WebLinkAbout06-13-08IN THE COURT OF COMMON PLEAS O~
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF ARDEN F. CHRISTIE, DECEASED
FILE N0.2007-01081
FAMILY AGREEMENT AND FINAL RELEASE
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THIS AGREEMENT by and between ELIZABETH K. MCPHERSON, as Executrix
and DAVID G. KRAEMER and KEVIN J. MCPHERSON, as Successor Trustees of the
Estate of ARDEN F. CHRISTIE, Deceased, and KEVIN J. MCPHERSON, ELIZABETH K.
MCPHERSON and DAVID G. KRAEMER, as beneficiaries.
WHEREAS, ARDEN F. CHRISTIE, late of West Pennsboro Township, Cumberland
County, Pennsylvania, died testate on November 7, 2007, having first made her Last Will and
Testament dated August 20, 2007, which instrument was admitted to probate and is recorded in
Cumberland County, Register of Wills, File No. 2007-01081;
WHEREAS, ELIZABETH K. MCPHERSON has been duly appointed as Executrix of
the Estate of Arden F. Christie, Deceased; and
WHEREAS, ARDEN F. CHRISTIE, during her lifetime entered into a REVOCABLE
TRUST AGREEMENT dated March 25, 1996, which was amended and restated on February 2,
2005;
WHEREAS, ARDEN F. CHRISTIE died on November 7, 2007, and DAVID G.
KRAEMER and KEVIN J. MCPHERSON accepted the appointment as Successor Trustees of
the REVOCABLE TRUST AGREEMENT dated March 25, 1996, as amended;
Page 1 of 7
WHEREAS, the terms trust and estate will be used interchangeably throughout this
document;
WHEREAS, the parties in interest under the said Will and Revocable Trust Agreement
are:
1. Kevin J. McPherson, son-in-law
2. Elizabeth K. McPherson, daughter
3. David G. Kraemer, son
WHEREAS, pursuant to Article IV of the Last Will and Testament dated August 20,
2007, KEVIN J. MCPHERSON is entitled to a specific bequest of decedent's 1989 Mercedes-
Benz;
WHEREAS, ELIZABETH K. MCPHERSON and DAVID G. KRAEMER are each
entitled to fifty percent (50%) of the residuary estate;
WHEREAS, each of the parties to this Agreement have been furnished with a complete
Statement of Account;
WHEREAS, it is the desire of the parties to this Agreement that administration of this
estate be completed and 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, WITNESSETH, in consideration of the mutual promises,
covenants and agreements recited herein, the parties do agree as follows:
1. ELIZABETH K. MCPHERSON, Executrix, and DAVID G. KRAEMER and
KEVIN J. MCPHERSON, Successor Trustees, do hereby state that they have fully and
Page 2 of 7
faithfully discharged the duties of their office, and the Statement of Account furnished to the
parties in interest is true and correct and fully discloses all significant transactions during the
accounting period. They further state that all known claims against the Estate have been paid in
full, and to the best of their knowledge there are no claims outstanding against the Estate, and all
taxes presently due from the Estate have been paid.
2. Each of the parties to this Agreement does hereby release and forever discharge
the said Executrix, ELIZABETH K. MCPHERSON, her heirs, executors, administrators and
assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN,
ESQUIRE from any and all liability which may from time to time arise in connection with their
service as Executrix and Attorneys of the Estate of Arden F. Christie, Deceased. The parties do
further agree to indemnify and hold them harmless from any and all liability which may arise
against the estate from creditors or claimants.
3. Each of the parties does hereby acknowledge receipt of the assets described on the
distribution schedule contained in the Statement of Account.
4. Each of the parties 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, administrators and assigns.
5. Each of the parties do further agree with each other and the aforesaid Executrix
that should any liability come due to the estate of the said decedent after the signing of this
Agreement, each will contribute pro rata his/her share of the estate to satisfy any and all claims,
Page 3 of 7
demands, suits or causes of action which maybe successfully prosecuted against the said estate
or the aforesaid Executrix after the signing, sealing and delivery of this Agreement.
6. This Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
Page 4 of 7
s~-~ ~Y
IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of
May, 2008.
WITNESS:
~~
ELIZABETH K. MCPHERSON, Executrix and
Beneficiary
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
SS:
On this the -- ~ ~ day of May, 2008 before me, a Notary Public, the undersigned
officer, personally appeared ELIZABETH K. MCPHERSON, 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 for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL >iEAL
.IACCIlELMIE A IfEUr
Nolory rubllc
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Mfr Commialon lxplna o.c 17, ZOt 1
Page 5 of 7
IN WITNESS WHEREOF, I have hereunto set my hand and seal thiss~~7~~`~day of
May, 2008.
WITNESS:
KEVIN J. G~CPI~ERSON, Successor Trustee and
Beneficiary
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this the ~ ~ day of May, 2008 before me, a Notary Public, the undersigned
officer, personally appeared KEVIN J. MCPHERSON, 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 for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL >iE~-----"'~
JACGIUELINE A KELLY
Notory rubiic
CITY OF NARRI!<SURG, DAUPHIN COUNTI
My Commission Expirs~ Esc 17, Zpi 1
Page 6 of 7
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of
2008.
WITNESS:
~DAV G. KR.AEMER, uccessor Trustee and
Beneficiary
STATE OF CALIFORNIA .
COUNTY OF
On this the day of
SS:
2008 before me, a Notary Public,
the undersigned officer, personally appeared DAVID G. KRAEMER, 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 for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
See Attached
Page 7 of 7
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ACKNOWLEDGMENT
State of Calif~'nia
County of ~,~ ~A ~~u ~ )
On ~~`~ ~, ~~ g before me, ~~~~~~ ~~ ~D~f~ D~Cc'
(insert name and title of the offrcer)
personally appeared ~(itJ~~ l~.e/~-e~~
who proved to me on the basis of satisfactory evid ce to be the person whose name~s~
subscribed to the within instrument and acknowledged to me that he/sl~e/fltey executed the same m
his eir authorized capacity,Eies), and that by his/heir signature.(~on the instrument the
perso~, or the entity upon behalf of which the persor~s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(Seal)
~ ~ CHAUNCY ROEHRS ~
U' `~ NOTARY PUBLIC ~CAL1FORt-NA 0
SANTA CRUZ COUNTY (~
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