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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS" COURT DIVISION
NO. 21-08-00203
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ESTATE OF ANGELINE M KITNER, DECEASED
Late of Cumberland County, PA
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FAMILY SETTLEMENT AGREEMENT AND RELEASE OF
RODNEY W KITNER, EXECUTOR
Date of Death: February l 3, 2008
Letters Granted: February 26, 2008
First Complete Advertisement of Grant of Letters: March 29, 2008
Account stated to: January 28, 2009
Tricia D. Naylor, Esq.
104 South Hanover Street
Carlisle, PA 17013
(7l 7) 243-7437
AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Rodney W Kitner, Executor of the Estate of
Angeline M Kitner, Deceased and Rodney W Kitner, Judy Ann Turner, Samantha Moore and
Jesse A. Pennabaker.
WHEREAS, Angeline M Kitner died February 13, 2008, testate, a resident of
Cumberland County, Pennsylvania: and
WHEREAS, the Last Will and Testament of Angeline M Kitner dated January 4, 2008,
was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as
appears of record at Number 21-08-0203 (a copy of the Will is attached hereto and marked
Exhibit A); and
WHEREAS, Letters Testamentary were issued to Rodney W Kitner on February 26,
2008; and
WHEREAS, said Executor has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in ITEM 3 of her Will, decedent gives and devises her real estate known as
3144 Spring Road, Carlisle, PA to her grandson JESSE A. PENNABAKER.
WHEREAS, in ITEM 4 of her Will, decedent gives, devised and bequeaths all the rest,
residue and remainder of her estate of whatsoever nature and wheresoever situate as follows:
A. Sixty percent (60%) of her residuary estate shall be distributed equally to her
granddaughter SAMANTHA MOORS and her grandson JESSE A. PENNABAKER
or their survivor.
B. Forty percent (40%) of her residuary estate shall be distributed equally to her children
RODNEY W. KITNER and JUDY ANN TURNER or their survivor.
WHEREAS, all beneficiaries listed above are still living
WHEREAS, Rodney W Kitner, Judy Ann Turner, Samantha Moore and Jesse A.
Pennabaker 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:
Rodney W Kitner, Judy Ann Turner, Samantha Moore and Jesse A. Pennabaker do hereby
release and forever discharge Rodney W Kitner, 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 Angeline M Kitner, Deceased, and hereby authorize and request the
Orphans' Court Division to charge the same against his share 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.
~~p r ~ \ , 2009.
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Rodney W Ki
,Beneficiary
Samantha Moore.,~en iq~iary
e A. Penna~aker, Beneficiary
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J y Turner, Beneficiary
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