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HomeMy WebLinkAbout07-01-11i L f'~j~ 1 ~ ii •~` '~L~ ~4 I _ { W ~., , i F. j ! .e IN RE: THE ESTATE OF , BEVERLY D. GOCHENOUR, . A/K/A BEVERLY A. GOCHENOUR, LATE OF MECHANICSBURG BOROUGH CUMBERLAND COUNTY . PENNSYLVANIA ~~~~~ ~~~ '~ ~~~~~T THE C ~ ~ ~ i ~~~~~1QJ~~,~ PLEAS OF CUMBE~ AND COUNTY PEN NSYLVANIA ORPHANS' COURT DIVISION NO.21-10-00537 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/her separate Consent: 1. BEVERLY D. GOCHENOUR died Testate on September 19, 2010. 2. Decedent's Will, dated January 16, 2004 provided for various bequests, arrc7l designated Kenneth E. Gochenour as Executor. 3. Said Will was accepted by the Register of Wills of Cumberland County fc>r probate on October 1, 2010, and steps necessary to complete the administration were undertaken by the F,xecutor. 4. rl,he 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 airy and all claims anal rights which they may possess, now or hereafter, in the Estate and to confirm their acceptaxice of the distribution in satisfaction of the bequest contained in the decedent's I_,as~t Will and Testament. 8 The beneficiaries wish to release the Executor and to indemnify him against ally grid all claims that may be asserted against the Estate with the Executor after the date hereof. 9. "I'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 acid severally, the beneficiaries do, for themselves, their heirs, personal representatives, successors grid 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. 13. Declare that they have suflicient information to make air 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 tl~ie Will. D. Release, remise, quitclaim and forever discharge the Executor, his h~,eirs, 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 conn~ec~ion 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. Consent to the Court exercising personal jurisdiction over them in any suit or a,~tion arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the beneficiaries have set their hands and seals to the Consent`s attached hereto, to be effective as of the date first above written. CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE rI'he undersigned, KENT E. GOCHENOUR, a beneficiary of the Last Will arid. "Testament of BEVERLY D. GOCHENOUR, A/K/A BEVERLY A. GOCHENOUR, 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 Agreement, including the Accounting, subject to all 11re terms and conditions specified therein. ~~ KENT E. GOCH OUR COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ______ ; On this, the __~_ ~'_ day of ____ _____, 2011, before me, a Notary Public, the undersigned officer, personally appeared KENT E. GOCHENOUR, known to me to be the person whose ntune is subscribed to the within instrument, and acknowledged that he executed the same fc-r the purpose therein contained. IN WITNESS WHEREOF, I have hereunto~y hand and No~-ial ~al. OTA~Y Pk1BLI COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public Dillsburg Boro, York County My Commission Expires Oct. 25, 2014 Member. Pennsylvania Association Of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, DEIDRE L. SCHAEFFER, a beneficiary of the Last Will acid. Testament of BEVERLY D. GOCHENOUR, A/K/A BEVERLY A. GOCHENOUR, 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 share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. ~-,~ ;; ~~ . ..-~ DEIDRE L. SCHA~EF COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF _______ : On this, the ___ d'l_~'" day of __ _ _ ________, 2011, before me, a Notary Public, the undersigned off cer, personally appeared DEIDRE L. SCHAEFFER, known to me to be the: person whose name is subscribed to the within instrument, and acknowledged that she executed the same fc~r the purpose therein contained. IN WITNESS WHEREOF, I have hereunto COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet 5. Gore, Notary Public Dillsburg Boro, York County My Commission Expires Oct. 25, 2014 Member. Pennsylvania Association of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, DIANA L. BRUCE, a beneficiary of the Last Will and Testament of BEVERLY D. GOCHENOUR, A/K/A BEVERLY A. GOCHENOUR, 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 share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. DIANA L. BRUCE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ~~_rjZ,~~.~``"~~,D _______ On this, the __`~5 da of ~ ~,~~~ 2011 before me a No ~ Y __-~ -------------, tar} Public, the undersigned officer, personally appeared DIANA L. BRUCE, known to me to be the person whose name is subscribed to the within instrument, acid acknowledged that she executed the carne Ior Llic pur-pose dlerein contained. IN WITNESS WHEREOF, I have hereunto set my hand and No i~,l S ~/ NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANC{, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2014 CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, ROBERT M. BRUCE, a beneficiary of the Last Will and Testament of~BEVERLY D. GOCHENOUR, A/K/A BEVERLY A. GOCHENOUR, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of «-hich has been provided to him. The undersigned also acknowledges receipt of his share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject. to all the terms and conditions specified therein. ROBERT M. BRUCE COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~lr~'~l'.~~.,~_1.~.~~iZ?~ _____ ; On this, the 1~__ day of ___--~~~ir1 2011, before me, a Notauy Public, the undersigned officer, personally appeared ROBERT M. BRUCE, known to me to be the person whose name is subscribed to file 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 Seal ~q.._ ~_ ... .} NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA SS. NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2014 CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, KENNETH E. GOCHENOUR, a beneficiary of the Last Will and. "]':~estament of BEVERLY D. GOCHENOUR, A/K/A BEVERLY A. GOCHENOUR, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution 1''rom Estate, a copy of which has beery provided ~o lrirn. Tyre undersigned also acknowledges receipt of his share of the I~state, as rnore particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms arld conditions specified therein. a -. . ~,,.- KENNETH E. GOCHENOUR COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ______ On this, the __ ~`i -=~"day of --- -- -----------, 2011, before me, a Notiuy Public, the undersigned officer, personally appeared KENNETH E. GOCHENOUR, known to me to be fire person whose name is subscribed to the within instrument, arrd acknowledged that Ile r:xecuted the same for dye purpose therein contained. ,, IN WITNESS WHEREOF, I have hereunto my and and N OT1~RY PU~$LIC COMMONWEALTH OF PENNSYLVAN:[A Notarial Seal Janet S. Gore, Notary Public Dillsburg Boro, York County My Commission Expires Oct. 25, 2014 Member. Pennsylvania Association of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, CARLY J. (SCHAEFFER) AMUNDSEN, a beneficiary of the :Last Will and Testament of BEVERLY D. GOCHENOUR, A/K/A BEVERLY A. GOCHENOUR, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which leas keen provided to her. The ttndersigr~ecl also acknowledges receipt of her sh~se of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. ... ~,,~- -----------------------------~ -- ~t CARLY J. (SCHAEFFER) AMUND EN COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the _~~'~~`'day of __ __ __ ___________, 2011, before me, a Notiuy Public, the undersigned officer, personally appeared C Y J. (SCHAEFFER) AMUNDSEN, known too me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose tllerciri contained. IN WITNESS WHEREOF, I have hereunto s my hared and tar' Seal. OTARY U IC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public Dillsburg Born, York County My Commission Expires Oct. 25, 2014 Member. PennsvNania Association Of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, KEITH A. GOCHENOUR, a beneficiary of the Last Will and 'T'estament of BEVERLY D. GOCHENOUR, A/K/A BEVERLY A. GOCHENOUR, Deceased, hereby consents to the Receipt, Release., Refunding acid Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided to him. The undersigned also aclrrowledges receipt of i~iis share of tl~e IsG~te, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. ~~ ~- ~--~t~ air KEITH A. GOCHENOUR COMMONWEALTH OF PENNSYLVANIA `~ SS. COUNTY OF ---__-__- ~YZ~ On this, the _ ~t`%~ _ day of __ _ _______________, 2011, before me, a Notary Public, the undersigned officer, personally appeared KEITH A. GOCHENOUR, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the wine for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto y hand ,~ NOTA otadlal Seal. PU$/LIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public Dillsburg Boro, York County My Commission Expires O~ 25, 2014 _ Member. Pennylvania Association Of Notaries LAW OFFICE OF WM. D. Scx~cx III 124 WEST HARRISBURG STREET DILLSBURG, PA 17019 Telephone 717-432-9733 L-mail Telefax 717-432-1053 Schracklaw@comcast.net June 30, 2011 Register of Wills of Cumberland County Curnbe.rland County Court House One Courthouse Square Carlisle, PA 17013-3387 Re: Estate of Beverly D. Gochenour D/D: September 19, 2010 File #: 21-10-0999 To Whom It. May Concern: You will find enclosed herewith the original and one copy of the Status Report, and the original and a copy of the face page of the Receipt, Release, Refunding and Indemnity Agreement. on the above-noted Estate. Please accept the original documents for filing, and return the copies with your time stamp impression in the envelope provided. Appended to the bottom of this letter is the a check in the amount. of $5.00 fir the Release filing fee. Sincerely, WM. D. SCHRACK III WDS/jsg enc.