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Home My WebLink About02-23-12~.~~~, ,.~. , Fi~'~ ~!" ~,~~ _ .,:~.~'J .- .a -. v { G~__:-~., ~.,,_ IN RE: THE ESTATE OFC!RF'r-~~`~~~~~ ~ ~-'~~~`-".~4T HARRYE.CLAI~~~'~~~~ ~'~~~ ° ~ '~~~ ~,•~ CUMBERLAND COUNTY . PENNSYLVANIA THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-11-1069 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. HARRY E. CLARK died Testate on September 27, 2011. 2. Decedent's Will, dated May 1, 2009 provided for various bequests, acid designated David S. Clark and Richard P. Clark Co-Executors. 3. Said Will was accepted by the Register of Wills of Cumberland County for probate on October 12, 2011, and steps necessary to complete the administration were undert~ilcen by the Co-Executors. 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 dle execution of this Agreement. 5. 1~e beneficiaries desire to forever settle acid compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of tl-e distribution -in satisfaction of the bequest contained in the decedent's Last Will acid Testament. 6. The beneficiaries wish to release the Co-Executors and to indemnify them against any and all claims that may be asserted against the Estate with the Co-Executors aticr the date hereof. 7. The Co-Executors are willing to make a distribution of informal settlement of the Estate in consideration of the indemnification and agreements hereinafter provided bythe beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound hereby, jointly and severally, die 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 Co-Executors, their 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 Co-Executors, or by the Court, or by any court of competent,}urisdiction, to have been improperly made. F. Agree to indemnify and hold harrnless the Co-Executors, their 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 Co-Executors that may hereafter be asserted against the Estate or against the Co-Executors. 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 wide tlic 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, BRIAN R. CLARK, a beneficiary of the Last Will and Testanient of HARRY E. CLARK, 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 ackuowlcdges receipt of her share of the Estate, as more particularly described in the aforesaid Agreement, subject to all Lhe terms and conditions specified therein. COMMONWEALTH OF COUNTY OF ,VANIA On this, dle _1~? w~'day of~ L __ _________________________________ BRIAN R. CLARK SS. '___, 201~before me, a Notary Public, the undersigned o$icer, personally appeared BRIAN R. CLAR~, known to me to be the person whose name. is subscribed to the within instrument, and acknowledged that she executed the same for the. purpose therein contained. IN `'FITNESS WHEREOF, I have hereunto s~hand and N N COMMONWEALTH Or '~Ce`ir„ 3`s":'1,+.°u:~=..,- Notarial Sew' Janet 5. Gore, NotaR~ :'° '' ". Diilsburg Boro, York C::u My Commission Expires ~7ct. v::; Member. Pennsylvania Association oT ~-- C CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, DAVID S. CLARK, a beneficiary of the Last Will and Testarncnt of HARRY E. CLARK, Deceased, hereby consent to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided to him. The undersigned also acknowledges receipt of his share of the Estate, as more particularly described in the aforesaid Agreement, subject to all the terms and conditions specified therein. -~ J,~( ~~ DAVID S. CLARK COMMONWEALTH QF PENNSYLVANIA COUNTY OF SS. On this, the _ ~ ~~V~.day of _ __ ___Y~.___ __, 201, before me, a Notary Public, the undersigned officer, personally appeared DAVID S. CLAR sown to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set hand and N i Seal. -- ---- -- -- ---------------------- N TARP P BL C COMM7f~WEAt.~H O~ ~~ ~;N$~'L4'~~~~~ r~ t r or ;:n~a -- ------- Jan€~t ~- `'~ ~, a4,ra , ~ i<<~~' (?iiiSi;U~~!i kii;!!:i. 't=OY t~.~4?i_i?"^.~ My COmdP.tei$ICIi ::%.jil'~-'; C?Ce. L:3, lei ±~` f M~m~r. Pertn~.v€~~,;pl~ vv ~^;~~ *i:_r= u;` t1 ,i.,sr~-, CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, KIMBERLY C. SWARTZ, a beneficiary of the Last Will Auld Testament of HARRY E. CLARK, Deceased, hereby consentto the Receipt, Release, Kefunding and Indemnity Agrcement .~_',unceruing Disu~ibuti~n 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. COMMONWEALTH OF PENNSYLVANIA COUNTY OF E ., KIMBE~tLY C. SWT~ ss SS. On this, the _~ ~! "~!~-~ day o ____ ~t/l, _ ____ ___, 201 before me, a Notary Public, tttc undersigned officer, personally appeared KIMBERLY C. S RTZ, 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 l-ereunto s y hand and No' ial , - --- -- --------------------- cor~M~r~w~~-r~ o~ ~~r,r~~Ytv.~,~aR O Y P LI dV~tariai Sc:~i -~~-._._.__~ .lane` S. Core, 4dctary fi;r~lic Dildshura eoro, York Cc+~rsty My Commission; [xpires Cct.t5, 2Q4 Member. Pennsvivania Asscdati~n of (vr,,arias CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, LINDA S. WILLIS, a beneficiary of the Last Will and Testament of HARRY E. CLARK, Deceased, hereby consent to the Receipt, Release, Refunding and Indemnity AgreemenC 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. f~ ~ r... ,, . / /~ LINDA S. WILLIS COMMONWEALTH O~ PENNSYLV /' / / i SS. COUNTY OF On this, the _1J~ day undersigned officer, personally appeared LINDA S. subscribed to the within instrument, and acknowled contained. ~ _____, 201'x., before me, a Not~u~y Public, the. ~, to me to be the person whose name is she execute e same for the purpose t}ierein IN WITrdESS WHEREOF, I lave .to s.,t :..y ha:.d and ~.~taria(/ceal. OTARI' COMMONWEALT~1 OF PENNSYLVANIA Notarial Seal Janet S. Gore, Notary PQ,~bGc Diilsburg Boro, York County My Cammissior~ Expires Oct. 25, 2014 Member. Pennsvivania Association of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, RICHARD P. CLARK, a beneficiary of the bast Will acid Testament of HARRY E. CLARK, 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 particularly described in the aforesaid Agreement, subject to all the terms and conditions specified therein. r '~," _ ~ RICHARD P. CLARK COMMONW LTH OF PENNSYLVANIA SS. COUNTY OF On this, the __~~ ~ day of ___ __ _ ______ _, 2011, before me, a Notary Public, Che undersigned officer, personally appeared RICHARD P. CLAR 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 m _hand and Notarial S --- -- ----- ---- ------------------- s_~~~~~'.', .~~e~~t~rta G~ t~~n,~~a~vt.v~~tr, N AR B IC .; .`. { urn', r.7~3t ~ ...~ ~ -. _r~~ Y i F Yt1_~t 1~ h1e.^ ~e:' ,>enresv?,r;~~ 7 ~ss~,ciaticn+,f iJO~re; CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, RONALD H. CLARK, a beneficiary of the Last Will and Testament of HARRY E. CLARK, 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 particularly described in the aforesaid Agreement, subject to all the terms and conditions specified therein. .. ~. " , X i i7^ ~ ~ s - ------------- ALD H. CLARK 4~ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the _ I ~ ~ day of _~ (~, 20I'~, before me, a Notary Public, the undersigned o$icer, personally appeared RO~LD H. CLARknown to me to be the person whose name is subscribed to ttre within instrument, and acknowledged that e executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto. seyrfiy hand and N r^~.. 4LJI ~~~ T , ~~ t~rtmr Yt.~f~^ a,~, - ~,,, ~ 1~1.OTARY PU~$LI J/ ~ MyC~~ ~ ~~ ~ ~, , r 2~i~ ~ M~ni~er t~ J m~sr -s;~ *;~~r of e\04 ~~cr; CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, STEVEN M. CLARK, a beneFciary of the Last Will and Testament of HARRY E. CLARK, 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 particularly described in the aforesaid Agreement, subject to all the terms and conditions specified therein. ~ ~ r --y=~~- --.-------------------------- S`I'EVEN M. CLARK COMMONWE~OF PENNSYLVANIA COUNTY OF On this, the __ ~~~ day o , 201 ~, before me, a Notary Public, the undersigned officer, personally appear own 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 t, , hi'; t~~^~r+ N;emia~ , N `- ~;_"ti-i ~F Phi"df~SYtVA~SIA r;care, id~tary Put,~iic - , ~. ~r :. 25, 2014 ~,. ~ icr_ ~€ ~vvtaries SS. -- ----- ---- ------ ---- ed VEN M. C K, kn CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, TROY L. CLARK, a beneficiary of the Last Will and Testament of HARRY E. CLARK, Deceased, hereby consent to the Receipt, Release, Refunding and Indemiuty A~;reemenr i~oncer; tiii~ Distribution From h~state, 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. ,,,~ ..- ~r ~-.,...M.._ .. _..__ _... - ~'- - - ----------------- TR(~Y L. CLARK - - - COMMONW LTH OF PENNSYLVANIA COUNTY OF ________ --------- S. On this, the ___ ~ ~ day of ____ __ __ _____ _, 201'J.f before me, a Notary Public, the undersigned officer, personally appeared TROY L. CLARK, own to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for Lt;e purpose therein contained. IN WITNESS WHEREOF, I have hereunto set COMMONWEALTH pE PENN ~Yt~VA^a_~:~ Notarial seai ~ v Janet 5. Gore, Nntary t'e~i3ii~~ Dillsburg Sarc~~ ~~ir'it%ciUC~~j My Commission Ex~rtires rJd:. i~, ~.t314 ~ Member. Pennsylvania association of Notaries