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Home My WebLink About01-04-11IN RE: THE ESTATE OF COURTLAND E. DUNN LATE OF SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA r.,? ;: .PftS. ~ i ~ i ~ ... `...~~ .. f---- - . '~ ..ter "~ ..1wJ ~ ~~ e.~ ~ ' ~ - ,., ~ ~~ THE COURT OF COMMC~1 PLEASF ~~ CUMBERLAND COUN'T'Y, PENNSYLVANIA ~~~ N0.21-10-(I6~~ RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE THIS AGREEMENT, based upon the family circumstances outlined, is entered into with the Executrix by each beneficiary, from the date of formalization of his/her separate Consent: 1. COURTLAND E. DUNN died Testate on June 24, 2010. 2. Decedent's Will, dated September 8,1989 provided for various bequests, and designated and designated Virginia D. Dunn, who died on May 26, 2010, as Executrix, and Courtland Dunn Jr., Steven Dunn, and Elizabeth Dunn as alternate Co- Executors. 3. The said Courtland Dunn Jr. and Steven Dunn filed Renunciations to their appointment to serve as a Co-Executors. 3. Said Will was accepted by the Register of Wills of Cumberland County for probate on July 9, 2010, and steps necessary to complete the administration were undertaken by the Executrix. 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 the Cumberland County, Pennsylvania Court of Common Pleas, and the Executrix is willing to make this distribution upon the execution of this Agreement. 5. The beneficiaries desire to forever settle and compromise any and all claims acid 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 Executrix and to indemnify her against any and all claims that may be asserted against the Estate with the Executrix after the date hereof. 7. The Executrix is willing to make a distribution of informal settlement of the Estate in consideration of the indemnification and agreements hereinafter provided by the beneficiaries. i 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 correct, 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 shall be in satisfaction of their respective entitlements under the Will. D. Release, remise, quitclaim and forever discharge the Executrix, her 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 Executrix, or by the Court, or by any court of competent jurisdiction, to have been improperly made. F. Agree to indemnify and hold harmless the Executrix, her heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executrix that may hereafter be asserted against the Estate or against the Executrix. G. Agree to execute such additional documents as maybe 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, COURTLAND DUNN JR., a beneficiary of the Last Will and Testament of COURTLAND E. DUNN, 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 title aforesaid Agreement, including the Accounting, subject to all the terms and condi ' specified therein. COURTLAND DUNN J . COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~ __ On this, the ~~M day of~~ _ 'O ___~____, 2010, before me, a Notary Public, the undersigned officer, personally appeared COURTLAND DUNN 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 No ' ~. ~„r^ C..~ / COMM T.w:~~l.ir; ;:;::. A Erik J. ~acr~-~;_,.`~; ~ ~~ Eq L East Marlbor~u~r, w~,,~ J Y Public ~'~OMMtSSIONE;iPIRES E~23~p~ CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, ELIZABETH (DUNN) KERR, a beneficiary of the Last Will and Testament of COURTLAND E. DUNN, Deceased, 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 sure of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. ~~~__ E ETH (DUNN) KERR COMMONV ~ TH OF NS V IA SS. r .... COUNTY OF On this, the ~ ____ day of _N~ ~'_ ~ t _N_____, 2010, before me, a Notary Public, the undersigned officer, personally appeared ELIZABETH (DUNN) KERR, known to me to be the person whose name is subscribed to the within instrument, an .:~~e~ledged that she executed die same for the purpose therein contained. IN WITNESS WHEREOF, I have he unto set my hand and No Se . ~~, -- ~~k:~t,- - ~ - - --------- _~,_ .r --- ---- TAR~`~UB C ~s ('OMMONWEALTH OF ~ENNSYLVANU Notarial Seal ]anet S. Gore, Notary Public Dllisbury eoro, York Courrty My Garwnlssfori Ex}ires Ott. 25, 2014 Member, Penr~svlvanla Assodadon cf Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, STEVEN DUNN, a beneficiary of the Last Will and Testament of COURTLAND E. DUNN, 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 rr~ore particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. ~; ~,w. / ~~.,~. STEVEN DUNN COMMONWEt~:LTH OF PEN SYLVANIA y` SS. COUNTY OF __~__ _ ________ On this the `~ "''" da of 2010 before me a No Public the -------- y --- --------------, ~'Y , undersigned officer, personally appeared STEVEN DUNN, 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 hereunt~ set my hand and No C COMMONWEAi.TH OF PENNSYLVANIA Notarial Seal Janes S. Gore, Notary Pubik /~~Di~lls~byu~rfl~.Boro, York~Cyounty ~/~i~11 R.171N11 ~r(~ V1.4 25, 214_ __ _. Member. P~erx~svhrania Assodationvf Notaries