HomeMy WebLinkAbout07-18-081N THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
T[~ RE: ESTATE OF ORPHANS' COURT DIVISION
ROBERT J. ASHENFELDER, II,
DECEASED No. 21-07-0213
ESTATE SETTLEMENT AGREEMENT
filed on behalf of
ERIN R. CLARK, EXECUTRIX
Counsel of Record for this Party:
S. Berne Smith, Esquire
PA I.D. #07254
107 N. 24th Street
Camp Hill, PA 17011-3602
(717) 737-6789
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ESTATE SETTLEMENT AGREEMENT
This is an AGREEMENT by and between ERIN R. CLARK, individually and as
Executrix of the Estate of ROBERT J. ASHENFELDER, II, Deceased, and the beneficiaries,
hereinafter set forth, who covenant and agree as follows:
WITNESSETH
WHEREAS, ROBERT J. ASHENFELDER, II, died February 13, 2007, having left
his Last Will and Testament dated March 25, 1999, which was duly admitted to probate by the
Register of Wills of Cumberland County at the above number and term March 7, 2007; and
WHEREAS, Erin R. Clark has been duly appointed as Executrix of the Estate of
ROBERT J. ASHENFELDER, II, Deceased; and
WHEREAS, the parties in interest under the Last Will and Testament of ROBERT
ASHENFELDER, II, Deceased, are:
Name:
Erin Reilly Clark
Matthew David Ashenfelder
Elizabeth Anne Ashenfelder
General Council of Assemblies of God
Address:
125 Aspen Drive, Dillsburg, PA 17019
100 E. Portland St., Mechanicsburg, PA 17055
1130 Waterford, Camp Hill, PA 17011
1445 N. Boonville Ave., Springfield, MO 65802-
1894
WHEREAS, ROBERT J. ASHENFELDER, II, Deceased, was not survived by a
spouse; and
WHEREAS, the only specific bequest was to the Assemblies of God, and that bequest
has been fulfilled and the receipt of the Church is attached hereto; and
WHEREAS, each of the residuary beneficiary parties to this Agreement has been kept
filly apprised of the estate's probate and non-probate assets, receipts and disbursements, and has
received an interim distribution and is aware of the final distribution still to be made; and they have
n~o questions with respect thereto; and
WHEREAS, it is the desire of the parties to this Agreement that final distribution of
the 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; and
WHEREAS, the parties to this Agreement desire that the Estate be closed;
2
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
1N RE: ESTATE OF ORPHANS' COURT DIVISION
ROBERT J. ASHENFELDER, II,
DECEASED No. 21-07-0213
RECEIPT FOR DISTRIBUTION AND AGREEMENT
FOR
INDEMNIFICATION OF EXECUTRIX
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Assemblies of God Foundation, authorized agent for the General Council of the
Assemblies of God, Springfield, MO, being beneficially interested in the above titled estate,
hereby acknowledges to have received from Erin R. Clark, Executrix of the Estate of Robert .1.
Ashenfelder, II, Deceased,
Three Thousand Dollars ($3,000.00) paid in November, 2007, in full satisfaction of the
bequest made to it in the Will of Robert J. Ashenfelder, II, Deceased,
and requests Your Honorable Court to charge the same to it in any Decree of Distribution to be
entered in said Estate.
In consideration of this distribution being made prior to the filing and audit of a Final
,Account, the Church hereby agrees to refund on demand, all or any part of this distribution
which may be determined to have been improperly made. It further acknowledges that the
distribution made is in full payment of the distribution to which it is entitled under the Will of
lZobert J. Ashenfelder, II, Deceased; and does further agree to indemnify and hold harmless said
Erin R. Clark, Executrix, from any and all liability which may arise against the Estate from
creditors or other claimants to the extent of the distribution made to it. This release and
c.leclaration shall be made part of the final, informal or formal settlement or account of the Estate
proceedings and indexed and recorded as such, and it shall be binding upon the church's
successors, administrators, and assigns, and governed by the laws of the Commonwealth of
Pennsylvania.
S~
Signed, sealed and dated this o2 ~ day of ~ ~y~pPrY , 2007.
BENEFICIARY:
ASSEMBLIES OF GOD FOUNDATION, authorized agent
For the General Council of the Assemblies of God
By ` (Seal)
William A. , Jr., Vice President
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements recited herein the parties agree as follows:
1. Each of the parties to this Agreement does hereby release and forever
discharge Erin R. Clark, Executrix, from any and all liability which may from time to time arise in
co~rmection with her service as Executrix of the Estate of ROBERT J. ASHENFELDER, II,
Deceased. The parties do further agree to indemnify and hold harmless Erin R. Clark, Executrix,
from any and all liability which may arise against the estate from creditors or other claimants.
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
re:>pective heirs, successors, administrators, and assigns.
This Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
Dated as of May ~~ , 2008.
WITNESS:
~~
WITNESS:
WITNESS:
VV • ~ I y ~\i~l ~Ul/ ~/Y I/
Erin R. Clark, Executrix & Beneficiary
Matthew David Ashenfelder, Benefi iary
Eliza eth Anne Ashenfeld r, Beneficiary