HomeMy WebLinkAbout12-24-08IN ~; IN THE COURT OF COMMON PLEAS
. CUMBERI.~ND COiJNTY, PENNSYLVANIA
ESTATE OF ORPHANS' COURT DIVISION
R. ELINOR WAGNER, DECEASED N0.21-07-1167
RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIBUTION FROM ESTATE
THIS AGREEMENT, based upon the circumstances outlined, is entered into with the Co-
Executors by each beneficiary, from the date of formalization of his/her separate Consent:
1. R. ELINOR WAGNER died Testate on December ly, 2007.
2. Decedent's Will, dated March 31, 2003, provided for various specific and general
bequests, and designated John J. Richardson Jr. and Beverly A. Davis to serve as
Co-Executors.
3. Said Will was accepted by the Register of Wills of (~umberland County for
probate on December 27, 2007, and steps necessary to complete the
administration were undertaken by the Co-Executors.
4. The beneficiaries desire that the distribution of the assets of the Estate be made
without the formality of an Accounting in the Orphans' Court Division of
Cumberland County, Pennsylvania Court of Common Pleas, and the Co-
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Executors are willing to make this distribution upon the execution of this Agreement.
5. The beneficiaries desire to forever settle and compromise any and all claims and
rights which they may possess, now or hereafter, in the Estate and to confirm
their acceptance of the distribution in satisfaction of the bequest contained in the
decedent's Last Will and Testament.
6. The beneficiaries wish to release the Co-Executors and to~ indemnify them against
any and all claims that maybe asserted against the Estate with the Co-Executors
after the date hereof.
7. The Co-Executors are willing to make a distribution of informal settlement of the
Estate in consideration of the indemnification and agreements hereinafter
provided by the beneficiaries.
NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound
hereby, jointly and severally, the beneficiaries do, for themselves, their heirs, personal
representatives, successors and assigns, agree as follows:
A. Represent and warrant that they have read and they understand this Agreement
and confirm that the facts set forth above are true and a~rrect, to the best of their
knowledge, information and belief.
B. Declare that they have sufficient information to make an informed waiver of
their right to a formal accounting with the Court, and do hereby waive the filing
and auditing of said formal accounting.
C. Acknowledge that the distributive share or amount set forth on the "Accounting"
shall be in satisfaction of their respective entitlements under the Will.
D. Release, remise, quitclaim and forever discharge the Co-Executors, their heirs,
personal representatives, successors and assigns, from and against all claims that
they, as residuary beneficiaries of the Estate, had, now have, or may in the future
have in connection with the Estate.
E. Agree to refund, on demand, all or any part of their proportionate share of any
aforesaid distribution, which has been determined by the Co-Executors or by the
Court, or by any court of competent jurisdiction, to have been improperly made.
F. Agree to indemnify and hold harmless the Co-Executors, their heirs, personal
representatives, successors and assigns, from and against any and all claims, loss,
liability or damage (whether or not related to the negligence ofthe Co-Executors)
that may hereafter be asserted against the Estate or against the Co-Executors.
G. Agree to execute such additional documents as may be necessary to effectuate the
agreements set forth herein.
H. Acknowledge that this Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania.
I. 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 beneficiaries 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
CONCERNING DISTRIBUTION FROM ESTATE
The undersigned, ~ ~ G~,~r L ~ - KCU;~ ~ i %~ , on behalf of CALVARY UNITED
METHODIST CHURCH, of Dillsburg, Pennsylvania, a beneficiary of the Last Will and
Testament of R. ELINOR WAGNER, Deceased, and being authorized t~~ do so, hereby consents
to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From
Estate, a copy of which has been provided. The undersigned also acknowledges receipt of its
share of the Estate, as more particularly described in the aforesaid Agreement, including the
Accounting, subject to all the terms and conditions specified therein.
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
On this, the ~_ day of ~~ , 2008, before me, a Notary Public,
the undersigned officer, personally appeared ~ ~?
who acknowledged him herself to be the ,.
of the CALVARY UNITED METHODIST CHURCH, and that as such officer, being authorized to do
so, executed the foregoing instrument for the purposes therein contained by signing the name of the
organization as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and
COMMONWEALTH OF PENNSYLVANU
HpTq~pl, ~ CRY PUBLI(~
lQTiY#AI. CtJ1S5H1
S~ SPRAVA 1'OWNSt~F!
MYCOI~~~SION E~iE8~llY~#,, 2Dt!
CONSENT TO RECEIFT, RELEASE
REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIBUTION FROM ESTATE
The undersigned, BEVERLY A. DAVIS, a beneficiary of the Last Will and Testament
of R. ELI%iOR WAGidEFc, i_3eceased, herei;y .~or~erres tc ;:he Recent, ]release, :I.efurjd.ng and
Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided
to her. The undersigned also acknowledges receipt of her share of the Estate, as more
particularly described in the aforesaid Agreement, including the Accounting, subject to all the
terms and conditions specified therein.
~~
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BEVERLY A". DAVIS
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF 'a ~~~'
SS.
Ors phis, th:~ ~' uay ~ f ~j ~~~?.`~ _______, 2008, before me, a Notary Public,
the undersigned officer, personally appeared BEVERLY A. DAVIS, known to me to be the
person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and~Totarial Seal.
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TA1~Y ~'UBLIC ~~ `~, \
`v'' V
COMMONWEALTH Of PENNSYLVANIA
ARUU.SEAL
J. ItlCiIARDSON. JR,. Notary PuWIC~
utp Sorouph York County
IYIy Commision Ex~Niea Oct.3o, 2012
-_-- __~
CONSENT TO RECEIPT, RELEASE
REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIBUTION FROM ESTATE
_ ~
The undersigned, ~<~~ ~ (~-~~ 1 i~ C L ~ ~,~ ~ , on behalf of DILLSBURG LIONS
CLTJB, of Dillsb~arg, Per_ns;~lvania, a beneficiary of t?~.e Last Will and Testament of R. ELINOR
WAGNER, Deceased, and being authorized to do so, hereby consents Ito the Receipt, Release,
Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which
has been provided. The undersigned also acknowledges receipt of its share of the Estate, as more
particularly described in the aforesaid Agreement, including the Accounting, subject to all the
terms and conditions specified therein.
~~
SAC' 2~ c N~ ;~
COMMONWEALTH O PENN'S`YLVANIA
~~ SS.
COUNTY OF
On this, the ~ ~ day of , 2008, lbefore me, a Notary Public,
the undersigned officer, ersonally appeared ~• ~ ~~ ~~ ~Ab C'L 1 ~~~
who acknowledged him/betself to be the -~~~~~
of the DILLSBURG LIONS CLUB, and that as such officer, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the organization as such
officer.
IN WITNESS WHEREOF, I have hereunto ~my l,~a$d and
ARY ~:
GO MO E./~LTH OF PENNSYLVANIA
~~ Notarial Seal
Janet S. Gore, Notary Public
Dolls'vurc~ Bcro, Yost: Gounty
(vty .;,r,rnmission E~ires OcR. 25, 2010
p~9ernber ~°~~n~, t ~~ar.i3 ~ssnc+ation rf Nafaries
CONSENT TO RECEIPT, RELEASE
REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIBUTION FROM ESTATE
The undersigned, E. LORRAINE FOX, a beneficiary of the Last. Will and Testament of
R. ELINOR ~VAGNER, T~eceased, hereby consents to the Receipt, Release, Refunding and
Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided
to her. The undersigned also acknowledges receipt of her share of the Estate, as more
particularly described in the aforesaid Agreement, including the Accounting, subject to all the
terms and conditions specified therein.
E. LORRAINE FOX
COMMONWE,PtLTH OF PENNSYLVANIA
SS.
COUNTY OF 1 V
~~- '~
On this, the _~ day of _.~ y ~ ..~_ , 2008, before me, a Notary Public,
the undersigned officer, personally appeared E. LORRAINE FOX; known to me to be the
person whose name is subscribed to the within instrument, and acknowledged that she executed
the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto se>< my hand and Notarial Seal.
NCbTA~~I'UBLIC
CO MONVVEHL i H OF PENNSYLVANIA
Notatiai ;Iasi
f2ebecca L. Manna.. Notary Public
City Ot Altoona, E31air County
My Commission E~irss June 19, 2011
Member, Pennsylvania Association of Notaries
CONSENT TO RECEIPT, RELEASE
REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIBUTION FROM ESTATE
JJii~m-- ,
The undersigned, ~%'~ t ~~C~.til~1 ~ , on behalf of NEW HOPE
MINISTRIES, of Dillsburg, Pennsylvania, a beneficiary of the Last Will and Testament of R.
ELINOR WAGNER, Deceased, and being authorized to do so, hereby consents to the Receipt,
Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of
which has been provided. The undersigned also acknowledges receipt of its share of the Estate,
as more particularly described in the aforesaid Agreement, including the Accounting, subject.
to all the terms and conditions specified therein.
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~~
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF 7 ~ ~ k
On this, the ~~ ~ day of ~+1-, -r--G~~ , 2008, before me, a Notary Public,
the undersigned officer, personally appeared ~Y~ 5'~~ ~ ~s ,
who acknowledged him/herselfto be the x a ~ ~~~ r~ D rec. ~r _
of the NEW HOPE MINISTRIES, and that as such officer, being authorized to do so, executed the
foregoing instrument for the purposes therein contained by signing the name of the organization as such
officer.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
NOT PURT.TC' ~,~_ __,~
N'JTARIAL SEAL '
LINDA L. VYILLIS, NOTARY PUBLIC
MECHANICSBURG E~OROUGH, CUMBERLAND COUPJTY'
MY COMNISS~ION EXPIRES SEPT. t t, 2011
CONSENT TO RECEIPT, RELEASE
REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIppB,~~UTION FROM ESTATE
~~'~~ V ~L. ~~~~ , on behalf of NORTHERN YORK
The undersigned,
COUNTY HISTORICAL SOCIETY, of Dillsburg, Pennsylvania, a beneficiary of the Last Will
and Testament of R. ELINOR WAGNER, Deceased, and being authorized to do so, hereby
consents to the Receipt, Release, Refunding and Indemnity Agreement (concerning Distribution
From Estate, a copy of which has been provided. The undersigned also acknowledges receipt
of its share of the Estate, as more particularly described in the aforesaid Agreement, including
the Accounting, subject to all the terms and conditions specified
~.
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF r 1'~r~~'
~i~C~~~ ~~ M~C~tyf Jr~, Notary Public
a ~~ ~~ri~bur~~ ~iu~hin county, PA
. ~, ~~
_. .. ~,_ v.~~.
On this, the f ~ ' ~f day of ~,i't , 2008, before me, a Notary Public,
the undersigned officer, personally appeared -~`~'~'~~ ~~c' ~~'
who acknowledged him herself to be the jikC s~G'~~. , j -
of the NORTHERN YORK COiTNTY HISTORICAL SOCIETY, and that as such afiicer, being
authorized to do so, executed the foregoing instrument for the purposes therein contained by signing rl~e
name of the organization as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand,and Notarial Seals[, ~+, ,-
~' F . '/ J' • / ~ ~/
NOTARY/'PUBLIC / i
CONSENT TO RECEIPT, RELEASE
REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIBUTION FROM ESTATE
The undersigned, JOHN J. RICHARDSON JR., a beneficiary of the Last Will and
Testament of R. ELINOR WAGNER, Deceased, hereby consents to the Receipt, Release,
Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which
has been provided to him. The undersigned also acknowledges receipt of his share of the Estate,
as more particularly described in the aforesaid Agreemen~cluding the Accounting, subject
to all the terms and conditions specified therein.
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ~ , ~
On this, the /l ~ day of cJ~ ~~-~-r`-ems`-~ , 2008, before me, a Notary Public,
the undersigned officer, personally appeared JOHN J. RICHARDSON JR., known to me to be
the person whose name is subscribed to the within instrument, and acknowledged that he
executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
NO ARY PUBLIC-
NOTARIAL SEAL
LINDA L. WILLIS, NOTARY PUBLIC
MECHANICSBURG BOROUGH, CUMBERLAND C(
MY COMMISSION EXPIRES SEPT. tt, 2011
CONSENT TO RECEIPT, RELEASE
REFUNDING AND INDEMNITY AGREEMENT
CONCERNING DISTRIBUTION FROM ESTATE
The undersigned, J~ {'~ A ~U N ~ ' ~~ h ~ r%r , on behalf of MESSIAH VILLAGE,
of Mechanicsburg, Pennsylvania, a beneficiary of the Last Will and Tf~stament of R. ELINOR
WAGNER, Deceased, and being authorized to do so, hereby consents to the Receipt, Release,
Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which
has been provided. 'The undersigned also acknowledges receipt of its share of the Estate, as more
particularly described in the aforesaid Agreement, including the Accounting, subject to all the
terms and conditions specified therein.
~~:~
COMMONWEALTH OF PENNSYLVANLA
COUNTY OF C ~r~.~-.mil ciL,,.r ~-
SS.
On this, the ~ ~ day of ~ P ~ ~ ~~ ~^r , 2008, before me, a Notary Public,
the undersigned officer, personally appeared ro ~~ ~ ~~-~`~ ` ---1--'
who acknowledged him herself to be the Lli ce t~ ~ i o ~~---
ofthe MESSIAH VILLAGE, and that as such officer, being authorized to do so, executed the foregoing
instrument for the purposes therein contained by signing the name of the organization as such officer.
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
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NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Betsy Bamhert, Notary Public
Penbrook Boro, Dauphin County
My Commission Expires Jan. 27, 2010
Member, Pennsylvania Association of Notaries