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Home My WebLink About12-20-11t ~- „. -, ~ i I ._ ., .. , . _ _4J ~,rt :~l ~j~R\I, tJ ~`;. ~~: III IN RE: ~,~~~ ~~~ ~'' uA IN THE COURT OF COMMON PLEAS ~~}~~r,~. CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF ORPHANS' COURT DIVISION ELAINE C. PARSONS, DECEASED NO. 21-11-0182 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. ELAINE C. PARSONS died Testate on December 5, 2010. 2. Decedent's Will, dated June 3,1997 provided fox various specific and general bequests, and designated H. Francis Parsons to serve as Executor. The said H. Francis Parsons predeceased his wife, and the named alternate James A. Rogers serves as Executor. 3. Said Will was accepted by the Register of Wills of Cumberland County fox probate on February 11, 2011, and steps necessary to complete the administration was 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 distribution upon the execution of this Agreement. 5. The 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 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 maybe asserted against the Estate with the Executors after the date hereof. 7. The Executors 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 they have received shall be in satisfaction of their respective entitlements under the Will. D. Release, remise, quitclaim and forever discharge the Executor, his heirs, personal repxesentatives,successnrs 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. 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, DANIEL B. ROGERS, a beneficiary of the Last Will and Testament of ELAINE C. PARSONS, 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 the terms and conditions specified therein. 1 D IEL B. ROGERS COMMONW TH OF ENNSYLVANIA _ ~ SS. COUNTY OF On this, the _1~__~ day of _^__ __________, 2011, before me, a Notary Public, the undersigned officer, personally appeared DANIEL B. ROGERS, 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 her~unto set my hand and N COMMOPIWEALTH OF PENNSYEVwvw Notarial Seal Janet S. Gore, Notary Public Dillsburg Boro, York County My Commission Expires Od. 25, 2014 Member. Pennyylvanfa F~ssoclatian of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, JAMES A. ROGERS, a beneficiary of the Last Will and Testament of ELAINE C. PARSONS, 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 the terms and conditions specified therein. COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF _~N_~ ~~___ On this, the __~3 __-day of _ _ ~~Y~~-~~ ^, 2011, before me, a Notary Public, the undersigned officer, personally appeared JAMES A. ROGERS, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that se executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have her~unto set my hand a1~1 N~itarial Seal. COMMONWEALTH OF PENNSYLVANIA U Notarial Seal Janet S. Gore, Notary Public ~'r C Dilisburg i3oro, 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, SUSAN P. WALBERT, a beneficiary of the Last Will and Testament of ELAINE C. PARSONS, 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. COMMONW TH OF PENNSYLVANIA SS. COUNTY OF __Y~ __ ~ __ . On this, the _ ~~'~ day of _ Q~~~~ 2011, before me, a N --- ~_^~ the undersigned officer, personally appeared SUSAN P. WALBERT, known to me to whose name is subscribed to the within instrument, and acknowledged that she executed the purpose therein contained. IN WITNESS WHEREOF, I have her nto set my hand anc~lota~al Seal. Gi/ USAN P. WALBERT otary Public, be the person the same for COMMONWF-A~T~ OF PENNSYLVANIA Notarial Seal Janet 5. Gore Notary Public Dillsburg Boro, Yeos OCtto• 25 2014 My Commission Fxpi iatlan of Notaries Member. Pennsvlyanla Assac