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Home My WebLink About04-04-11~i~~;'~ .:r; w~: ~~'~~ i tvd 1 A°R -4 P~ 12~ 1H CLERK ~F OR!'HAN'S COURT N PLEAS OF IN RE: THE ESTATE OF THE C~~'~~ CATHERINE M. McKINLEY, CUMBERLAND COUNTY, PENNSYLVANIA OF UPPER ALLEN TOWNSHIP CUMBERLAND COUNTY ORPHANS' COURT DMSION PENNSYLVANIA N0.21-10-0793 RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE THIS AGREEMENT, based upon the family circumstances outlined, is entered into with the Executor by each beneficiary, from the date of formalization of his separate Consent: 1. CATHERINE M. McKINLEY died Testate on July 13, 2010. 2. Decedent's Will, dated June 17, 2010 provided for various bequests, and designated Victor J. Marnien Executor. 3. Said Will was accepted by the Register of Wills of Cumberland County for probate on August 4, 2010, and steps necessary to complete the administration were undertaken by the Executor. 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 Executor is willing to make distribution upon the execution of this Agreement. 5. The beneficiaries desire to forever settle and compromise any and all claims and rights which t}-ey may possess, now or hereafter, in the Estate and to confum 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 Executor and to indemnify him against any and all claims that may be asserted against the Estate with the Executor after the date hereof. 7. "1'he Executor is 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 aze true and correct, to the best of their knowledge, information and belief. B. Declaze 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 shaze shall be in satisfaction of their respective entitlements under the Will. D. Release, remise, quitclaim and forever discharge the Executor, his 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 Executor, or by the Court, or by any court of competent jurisdiction, to have been improperly made. F. Agree to indemnify and hold harmless the Executor, his 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 Executor that may hereafter be asserted against the Estate or against the Executor. 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 INDEMNTI'Y AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, EILEEN V. O'SULLIVAN, a beneficiary of the Last Will and Testament of CATHERINE M. McKINLEY, Deceased, hereby consent 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 shaze of the Estate, as pion particularly described in the aforesaid Agreement, subject to all the terms and conditions specified therein. ~, O 0 ~ wit-~// / I `/ EILEEN V. O'St~ULLIV~ AN COMMO TH P>~~ VANIA SS. COUNTY OF On this, the ~~ ~ day of ~_ __ , 2011, before me, a Notary Public, the undersigned officer, personally appeazed EI V. O'SU AN, 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 hereuni wea~rn of vertNSr~v~wu ~ seep Janet S. Gore, Notary Publk pNlsbury Boro, YoNc County ~r CpnN1111Mon Bgkls Ott 25, 2014 Msg. PennsMvanla Aasodatlaon d Notarks CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT Cn~rr~utvnvr_ TIiRTRiRiTTiON FROM ESTATE The undersigned, VICTOR J. MARNIEN, a beneficiary of the Last Will and Testament of CATHERINE M. McKINLEY, Deceased, hereby consent 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 particulazly described in the aforesaid Agreement, subject to all the terms and conditions specified therein. yG~~ C/% VICTOR J. ' IEN TH 'ANIA . SS. COUNTY OF On this, the ~ ~~' day of undersigned officer, personally appeared VICTORJ. MAJ is subscribed to the within instrument, and acknowledged contained. ~-- ~, 2011, before me, a Notary Public, the EN, known to me to be the person whose name he executed the same for the purpose therein IN WITNESS WHEREOF, I have herytfnto set my hand and N aoMMONweni.-rt+ of ~sv~va+zA lanes S. core, Woary wbAc DYlsbury eoro, York County CommiMlon ~ oat zs, ~t4 Member: pennsvNanla A~odetion d IN RE: THE ESTATE OF THE COURT OF COMMON PLEAS CATHERINE M. McKINLEY, CUMBERLAND COUNTY, PENNSYLVANIA OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY ORPHANS' COURT DIVISION PENNSYLVANIA N0.21-10-0793 RECEIl'T AND RELEASE KNOW ALL MEN BY THESE PRESENTS, that I as beneficiary and heir of CATHERINE M. McKINLEY, late of Cumberland County, Pennsylvania, deceased, do hereby acknowledge that I am about to receive from the Executor of the decedent, a distribution, representing the current balance of my share of distribution under said Will, in full, as total satisfaction and payment of such sum of the Estate of the decedent. [ desire that the shares of the Estate be distributed without the formality of a court adjudication and final accounting, in order to save expense, publicity, and delays incident to such court proceeding, and authorize the said Executor to make such distribution upon return of the Receipt and Release. AND, THEREFORE, I, by these presents, remise, release, quitclaim, and absolutely discharge, indemnify and hold harmless the Executor, his executors, heirs, and administrators, of, and from said legacy, and of and from all action, whatsoever, for or by reason thereof or relating in any way to his administration of the Estate or of any other act, matter, cause, or thing whatsoever from the beginning of the world to the date of these presents. IN ENDING o be legally bound hereby, we have hereunto set our hands and seals this Z~p~. day of /(J 0-~ , 2010. WITNESS: ST. LEO ROMAN CATHOLIC CHURCH .,, R'xr ~ ,~O/ r CONSENT TO RECEIPT, RELEASE REFiJNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, SISTER PATRICIA MARNIEN, a beneficiary of the Last Will and Testament of CATHERINE M. McKINLEY, Deceased, hereby consent 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, subject to all the terms and conditions specified therein. 1~j ~ J SISTER PATRICIA MARNIEN ~ COMMONWF.~LTH O P YLVANIA ~~~--~ SS. COUNTY OF _~u _ ~~~ On this, the ~ t_ day of -Ce.-~l_i.C(.Qfr-~" _> 2011, before me, a Notary Public, the PATRI MARNIEN known to me to be the person undersigned officer, personally appeared SISTER ~ , whose name is subscribed to the within instrument, and ackn9arledged that she executed the same for the purpose therein contained. il`' `'G'I'I'NFSS R'HEItEOF, I have oorar~o~wFUn~ of at~rtsv~varrn I notarial s~ ]anal S. core, notary t DNlsdrrq Boro, York Courtly My portMryesipr pglres Oct ZS, 2014 set my hand and No Seal.< /~ - ~- -- 1VOT Y PUBLIC M[„~bw: Pd~svtiania Aseoaadon of Notarks IN RE: THE ESTATE OF THE COURT OF COMMON PLEAS CATHERINE M. McKINLEY, CUMBERLAND COUNTY, PENNSYLVANIA OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY ORPHANS' COURT DIVISION PENNSYLVANIA N0.21-10-0793 RECEIPT AND RELEASE KNOW ALL MEN BY THESE PRESENTS, that I as beneficiary and heir of CATHERINE M. McKINLEY, late of Cumberland County, Pennsylvania, deceased, do hereby acknowledge that I am about to receive from the Executor of the decedent, a distribution, representing the current balance of my share of distribution under said Will, in full, as total satisfaction and payment of such sum of the Estate of the decedent. ' I desire that the shares of the Estate be distributed without the formality of a court adjudication and final accounting, in order to save expense, publicity, and delays incident to such court proceeding, and authorize the said Executor to make such distribution upon return of the Receipt and Release. AND, THEREFORE, I, by these presents, remise, release, quitclaim, and absolutely discharge, indemnify and hold harmless the Executor, his executors, heirs, and administrators, of, and from said legacy, and of and from all action, whatsoever, for or by reason thereof or relating in any way to his administration of the Estate or of any other act, matter, cause, or thing whatsoever from the beginning of the world to the date of these presents. INTENDING to be legally bound hereby, we have hereunto set our hands and seals this ~i -- day of ~pt.,,Q,~„ , 2010. WITNESS: asap-z~~---- r~~~-~ ~~ CHRISTOPHER McKINLEY ` BERTA Mc LEY IN RE: THE ESTATE OF THE COURT OF COMMON PLEAS CATHERINE M. McKINLEY, CUMBERLAND COUNTY, PENNSYLVANIA OF UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY ORPHANS' COURT DIVISION PENNSYLVANIA N0.21-10-0793 RECEIPT AND RELEASE KNOW ALL MEN BY THESE PRESENTS, that I as beneficiary and heir of CATHERINE M. McKINLEY, late of Cumberland County, Pennsylvania, deceased, do hereby acknowledge that I am about to receive from the Executor of the decedent, a distribution, representing the current balance of my share of distribution under said Will, in full, as total satisfaction and payment of such sum of the Estate of the decedent. I desire that the shares of the Estate be distributed without the formality of a court adjudication and final accounting, in order to save expense, publicity, and delays incident to such court proceeding, and authorize the said Executor to make such distribution upon return of the Receipt and Release. AND, THEREFORE, I, by these presents, remise, release, quitclaim, and absolutely discharge, indemnify and hold harmless the Executor, his executors, heirs, and administrators, of, and from said legacy, and of and from all action, whatsoever, for or by reason thereof or relating in any way to his administration of the Estate or of any other act, matter, cause, or thing whatsoever from the beginning of the world to the date of these presents. IN ~ NDING to be legally bound hereby, we have hereunto set our hands and seals this day of 1 D , 2010. WITNESS: AYNE LWIG ALFRED ELWIG