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HomeMy WebLinkAbout12-13-11 (3)r . l.)" ~i r ('~ ~~~_~. -_ l.iLC~;- . L. IN RE: IN THE CO ~ .~'}~" ~'p~~'(~A1 PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ORPHANS' COURT DIVISION VERNIE E. DUNKLE, DECEASED NO. 21-11-0570 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 their separate Consents: 1. VERNIE E. DUNKLE died Testate on May 1, 2011. 2. Decedent's Will, dated June 27, 2003 provided for various specific and general bequests, and designated Ronald 8. Springer to serve as Executor. 3. Said Will was accepted by the Register of Wills of Cumberland County for probate on May 13, 2011, 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 this distriburion upon the execution of this Agreement. 5. 'hhe 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 satisfacrion of the bequest contained in the decedent's Fast Will and Testament. i.~" 6. The beneficiaries wish to release the Executor and to indemnify them against any and all claims that may be asserted against the Estate with the Executor after the date hereof. 7. The 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 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 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 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. 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, RONALD B. SPRINGER, a beneficiary of the Last Will and Testament. of VERNIE E. DUNKLE, 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, subject to all the terms and conditions specified therein. ~~ -Lt RONALD B. SPRIN ER COMMONWEALTH OR PENNSYLVANIA SS. COUNTY OF ______ ____ ~/ On this, the _~ O ""'day of _NoV Fot~~/ ~_____, 2011, before me, a Notary Public, the undersigned officer, personally appeared RONALD B. SPRINGER, 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 set my hand d ~~ JOT PUB%l Seal. CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, MICHAEL A. SPRINGER, a beneficiary of the Last Will and Testament. of VERNIE E. DUNKLE, 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, subject to all the terms and conditions specified therein. COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~r ~~~, MIC .SPRINGER SS. On this, the __~~ ~ day of _ ~~'-~Ur?~h~-:f _______, 2011, before me, a Notary Public, the undersigned officer, personally appeared MICHAEL A. SPRINGER, 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 hereun et my hand d N 'al Seal. NOTA~TtY,~UBLIC COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary Public Dlllsburg 13oro, York County MY Commission Expires pct. 25, 2014 Member. Pennsvivania Association of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, SCOTT A. SPRINGER, a beneficiary of the Last Will and Testament of VERNIE E. DUNKLE, 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, subject to all the terms and conditions specified therein. SCOTT A. SPRINGER COMMONWEALTH OR PENNSYLVANIA -- SS. COUNTY OF '~~~ JL_____________`- On this, the ~.C~i 3l day of __~~~?~~~__~~., _______, 2011, before me, a Notary Public, the undersigned officer, personally appeared SCOTT A. SPRINGER, known tome 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 here to set my hand and No 'al Se . ~~ ~. O Y PUBI,~C ~ COMMONWEALTH OF PENNSYLVANIA Ngtarial Seal Janet 5. Gore, Notary Public DIllsburg eoro, 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, CORY A. SPRINGER., a beneficiary of the Last Will and Testament of VERNIE E. DUNKLE, 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, subject to all the terms and conditions specified therein. ~ ~/`~ CORY A. PRING R STATE OF ~~ ---------- SS. COUNTY OF ___ On this, the __2 3~day of ___~?~?`?~^~~ r ___, 2011, before me, a Notary Public, the undersigned officer, personally appeared CORY A. SPRINGER., 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,YCereunto se~xny hand ane~,N COMMONWEALTH OF PENNSYLVANIA Notarial Seai Janet S. Gore, Notary Public Dfllsburg Boro, York County My Commission Expires Oct. 25, 2014 Member. PennsvNania Association of Notaries