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HomeMy WebLinkAbout06-13-13 _ i _ _ _ r � ;-�" �' RECOF���'� ��,�.;_��;' ;� � u RE�IS�:�:�; ��" .. ..�.�� ��i3 ,l�N 13 l�;�i y _, C.!} \i+L��1i1 �.�;:. ,.,,,�,THE COURT OF COMMON PLEAS OF IN RE:THE ESTATE OF O R i'N A N S''C,��:;;��BERLAND COUN'I'Y,PENNSYLVANIA ARDYS E.THUMA,A/I�T�:�F'R L�';1��;�'� ��;;.. ;';'a ARDYS L.THUMA,LA • " SILVER SPRING TOWNSHIP, . � CUMBERLAND COUNTY • � PENNSYLVANIA . N0. 21-11-0714 � � RECEIPT,RELEASE,REFUNDING AND INDEMNITY AGREEMENT i CONCERNING DISTRIBUTION FROM ESTATE THIS AGREEMENT, based upon the family circumstances oudined, is entered into with the Executrix by each beneficiary,from the date of formalization of his/her separate Consent: 1. ARDYS E.THUMA, a/k/a ARDYS L.THUMA,died Testate on,June 1,9, 2011. 2. Decedent's Will, dated March 13, 2001 provided for various bequests, and designated Dr. Philip E.Thuma and Wanda Thuma-MeDermond,as Co-Executors. 3. The said Dr. Philip E. Thuma filed a Renunciation to his appointrnen� to serve as a Co- Executor. 3. Said Will was accepted by the Register of Wills of Cumberland County for probate on July 7, 2011, Wanda Thuma-McDermond was appointed Executrix, and steps necessary to complete the administration were undertaken. 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 Executrix 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 I.ast Will and Testament. 6. rI'he beneficiaries wish to release the Executrix and to indemnify her against any and all claims that may be asserted against the Estate with the Executrix after the date hereo£ 7. 'The Executrix is willing to make a distribution of informal setdement of the Estate in consideration of the indemnification and agreements hereinafter provided by the beneficiaries. � � _ _ _ __ _._ r � �'I 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 Executrix, her 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 i Estate. �' E. Agree to refund, on demand, a11 or any par; of their proportionate share of�uiy aforesaid distribution,which has been determined by the F�cecutrix,or by the Court,or by any court of competent jurisdiction,to have been improperly made. F. Agree to indemnify and hold harmless the Executrix, her heirs, personal representatives, successors and assigns,from and ag'ainst any and all claims,loss,liability or damage(whether or not related to the negligence of the Executrix that may hereafter be asserted against the Estate or against the Executrix. 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. . �11� CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned,WANDA THUMA McDERMOND,a beneficiary of the Last Will and Testament of ARDYS E. THUMA, a/k/a ARDYS L. THUMA, 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. �c, ��w.hna�.../�,L Vhc�_� ANDA THUMA-McDERMOND COMMONWEAL OF PE NSYLVANIA : ._.-: � . SS. COUNTY OF___,_ __��___�__ • !/ C GU►/e�/ 12 before me a No Public, the On this, the ---J �- day of-------------------� 20 , , �Y undersigned officer,perso�y appeared WANDA THUMA-McDERMOND,known to me to be the person whose name is subscribed to the within instrum�nt, and acknowledged that she executed the same for the purpose therein contained. IN WITNFSS WHEREOF, I have hereun set my hand and N al. --}--�--------------------- COMMONW�ILTM OF PENN_ SYWANIA N T � BLI,C Notarial5eal ` )anet S.Gore,Notary Public _ 1' piilsburg 8oro,York Gaunty ;� My Commission Expires Oct•25�2014 Member.Pennsvlvania Associatian of Notarfes 1� CONSENT TO RECEIPT,RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM FSTATE The undersigned, PHILIP THUMA, a beneficiary of the Last Will and Testament of ARDYS E. THUMA, a/It/a ARDYS L.THUMA, 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. �� � � � `.-�,,,�, ----------�---------------- PHILIP THUMA COMMO TH PEN SYLVANIA : �_%' . SS. COUNTY OF Y__ _ __� �� � 'fY ______, 2012, before me, a Notary Public, the On this, the _L —_— aY °f----`__�j?=----- undersigned officer,personally appeared PHILIP THUMA, 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 and and No al Se . ������� �r, ��p.-������������������� COMMONWEALTH OF PENNSYLVANIA OTARY PU$ IC ,` � Notarial Seal �-.. � Janet S.Gore,Notary Public Dillsburg Boro,York County My Commission Expires Oct.25,2014 Member.PennsvNania Association of Notaries _ _ _ _ _ ��� i CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned,MERYL THUMA, a beneficiary of the Last Will and Testament of ARDYS E. THUMA, a/k/a ARDYS L. THUMA, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate,a copy of which has been pro��ided to him. The undersigned also acknowledges receipt of his share of the Es as more particularly described in the aforesaid Agreement,including the Accounting,subject to all the te�ms d conditio s s cified therein. s � — --�----- ----------- E THUMA G. �Vu..h'�G• -�< <�'-�•VVLG� ������������ 1.��.��'d�'�3�G,�c.��� 1���'' . ----------- - - , ss. t���a�,��- �_ Y , e r� COUNTY OF---- ---------- : Q� . On thi the----"'�-----day of---���-------------------�201�,be re me,a �_�.���Ur___,______�,_, the undersigned officer, personally appeared' MERYL ` be the e rson w hose name is subscribe d to the w ithin instrume nt, and THUMA, known to me to p acknowledged that he executed the same for Ehe purpose thereiii contained. IN WITNFSS WHEREOF,I have hereunto se y hand and Notarial eal. ��--�,�';f <� ------=-- ----------------------- NOTARY'pU IC COMMONWEALTH OF PENNSYLVANL4 Notarlal Seal Janet S.GOre,Notary Public Dlllstwrg Boro.York CountY My Connnlssbm E�cpkes Oc4 25,2014 Member.Pennsvlvania A.SSOdadon of Notarles _ �1� CONSENT TO RECEIPT,RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTt�TE The undersigned,BARBARA THUMA,a beneficiary of the Last Will and Testament of ARDYS E.THUMA,a/k/a ARDYS L.THUMA,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. _��,b�{�--�=--l����, -- BARBARA THUMA STATE OF INDIANA • { _ : SS. COUNTY OF___�Itt�______�_ �_ � On this, the _�,�2•_1___ day of__�L,_�?�._______, 2012, before me, a Notary Public, the undersigned officer,personally appeared BARBARA THUMA,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 WITNFSS WHEREOF, I have hereunto set my hand and Notarial Seal ��--- — —=�� K���� NO ARY UB NORIMItt N�LIC—�OIM�IA ALLLNOOI�iIY I�Oe�•E�1MN1�l�0 uas� ����. . `' fi3NNU8.6 X3.)A �YTM�00�19�J�A � �:�.�,� - o9os-ts r�+w�c��� � d.—„� ,` <���^��::