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HomeMy WebLinkAbout06-13-13 _ _ __ _ _ _ _ , . _ _ ��i� �EL/�1-�dA�V l;��3 JL Of (\CV�.:.� ��,ii VI i,Ji,.�.� ���;;3 JL�d 13 �(; �1 1r, �L�:',� i��: ��``��A��''� �`�;'`� IN THE COUR'T'OF COMMON PLEAS IN RE: C U M B E R L�i i D C��., P�l , C�BERI.AND�OUN'I'Y,PENNSYLVANIA ESTATE OF . ORPHANS' COURT DIVISION DOROTHY M. KENNEDY, . NO. 21-12-0761 RECEIPT, RELEASE, REFUNDING AND INDEMNI'11Y AGREEMENT CONCERNING DISTRIBUTION FROM ES'�'ATE THIS AGREEMENT,based upon the family circumstances oudined,is entered into with the Executor by each beneficiary, from the date of formalization of their separate Consents: 1. DOROTHY M. KENNEDY died Testate on June 24, 2012. 2. Decedent's Will, dated September 2, 2004 provided for various specific and general bequests, and designated Harrold A. Bretz to serve as Executor. 3. Said Will was accepted by the Register of Wills of York County for probate on July 12, 2012,and steps necessary to complete the administration were undertaken by the F.xecutor. 4. The beneficiaries desire that the distribution of the assets of t�ie F,state 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 execurion of this A.greement. ., 5. The beneficiaries desire to forever setde 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 bequ�est contained in the decedent's Last Will and Testament. � __ ___ ___ �A1� _ T _ 6. The beneficiaries wish to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate with the Executor alter 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 lc�iowledge, 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 as presented shall be in satisfaction of their respective entidements 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. F. A.gree 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,pet•sonal representarives, successors and assigns, from and against any and all claims, loss, liabilily or damage (whether or not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. _ _ ._ _ __ 1A� G. Agree to execute such additional documents as may be necessary to ef�ectuate the agreements set forth herein. H. Acknowledge that this Agreement shall be governed by and construed in accordance with t�ie 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 AGREEIVXENT CONCERNING DISTRIBUTION FROM ES'ITATE The undersigned, HARROLD A. BRETZ, a beneficiary of the Last Will and Testament of DOROTHY M. KENNEDY, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity A.greement Concerning Distribuaon 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 A.greement, subject to all the terms and conditions specified therein. ROLD A. RETZ COMMONWEALTH OF PENNSYLVANIA . . SS. COUNTY OF_______ � . On this,the��_day of_ ____�____ _____, 201.,, before me, a Notary Public, the undersigned officer,personally appeared HARRO A.BRETZ,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 hereunt et my d and tari Seal. N TAR LIC aor�o�wra�,' oF�NNSV�var��► r�drana�seai Janet S.(3jxe.NdarY Pub�k ausaw ,ro�x c«�n�r My E�ires OtL 25,2014 ME111ber.Pe►�nsvlv Associatlon d Notarles __ _ _ _ _ _ AA� CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM E$TATE The undersigned, KERRY G. STOVER, a beneficiary of the Last Will and Testament of DOROTHY M. KENNEDY, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity�'�reement Concernin;D:str.ibution From Estate, a copy of v��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, subject to all the te d nditions s cifie erein. R Y G. O COMMONWEALTH OR PENNSYLVANIA . : SS. COUNTY OF___ _!�l'���______� • On this, the_��'��'_day of___�G2_ __________, 2013,before me,a Notary Public, the undersigned of�icer, personally appeared KE�RY G. STOVER, known to me to be the person ; whose name is subscribed to the within instrument,and acknowledged that he executed the same for �ie purpose therein coiitained. IN WITNESS WHEREOF, I have hereunto set my han and No Seal. - � . �� NOT PUBLIC ' c ,�LTMOF,�r v ' NOTARUIL SEAL OAIL C.8�AITH�RADER,Nofry PubRc ��� N�nMr�9,Z014 _ _ _ — - ;�,�.. .�-l:�'. r�1: .t}�..Ii. , .. ,.... . .,... .. . .,.. ...,,.._.._.....w.+n......... .. .... .'.ty -r, ... . . _ LiR . . . . . . �t.; ..�,'.�<�� . . .. . _ ___ _ i___ _ _ ���1 CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM E�TATE The undersigned, MARTHA C. WORTHINGTON, a beneficiary of the Last Will and Testament of DOROTHY M. KENNEDY, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate,a copy ol�wliich 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. ��i�/�.1��,�' `Z�� ��� MARTHA C. WORTHINGTON STATE OF FLORIDA . . SS. COUNTY OF_�fGr��__�___��___ � On this, the__L�____day of 1�- _ , 2013,before me,a Notary Public, the undersi�ned officer,personally appeared MARTHA C.WORTHINGTON,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 hereunto set hand otarial Seal. NOTARY P C . rN.�� �U� �.��� Mv�r���s �'R EXPIRE3:May 13,2��6 �,��' , BondedTlKUNo4ryPublelMeeiv�s . l�ll� CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNTTY AGREE1vv1ENT CONCERNING DISTRIBUTION FROM E$TATE The undersigned, ___JU�(.�__�__��I.C�_, of MESSIAH VII.I.AGE ENDOWMENT FUND, a beneficiary of the Last Will and Testament of DOROTHY M. KENNEDY, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided. The undersigned also acknowledges receipt of the share of the Estate,as more particularly described in the aforesaid A�reement, subject to all the terms and conditions specified therein. MESSIAH VILLAGE ENDOWMENT FUND By: ��i�,cQ� �<v1C{,�l G�� � ILL�" COMMONWEALTH OF PENNSYLVANIA . — : SS. COUNTY OF_���-�,�_____�_ . On this, the __��__day of_�_____________, 2013,before me, a Notary Public, the undersigned oflF`icer, personally appeared v��t�c�_,�-1 _�D�_______, of MESSIAH VILLAGE ENDOWMENT FUND,known to me to be the person whose name is subscribed to the within instrument, having the authority to do so, acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. � `� NOTARY PU C co�r+ n►wE�T oF aEN r�vu�u Noar�l seM A.E�M�L Notary hiblic we�t �+P�,��Y aM.2T 2014 IAEMSER, NOTAQES � �:,ti�, . .. . .,, . s. .�,..,� ..�.b�'.. . ' ..attC;�. „. . . . •�;r t�rzQ�'�'�4 r�Jr''.-i.:e• +;:�i:i�i��;, . ._ � . . .___.. ..___.. . ._. ._._._. ,��_.____ CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, MICHELE U. YOST, a beneficiary of the Last Will and Testament of DOROTHY M. KENNEDY, 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, subject to all the terms and conditions specified therein. . MIC ELE U. YO COMMONWEALTH OR PENNSYLVANIA . SS. COUNTY OF�`�����------ • � On this,thec��5�_day of___1��' ____________, 2013, before me, a Notary Public, the undersigned officer, personally appeared ICHEL.E U. YOST, 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 t�ierein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. r NO Y PU�LIC ' NOTARIAL 8EAl JOANNE 2 YOOER '��� . LApC11aTER ICITIf.LIINCASTER COUNTY Mh► E�pins Jwi Z�,Z014 �r,.,:...�,..ri.. ,�.y..,h.p...+.,.�./M�...�.n..y.�,.-.,�»:,.....�.,,.,. � Ii 6� ..�M i �y -�� .,�• #}Ci���^.� � • �a'�Y � ii�`, � �f°�'i'�:�i: :';�+;�;'�M..� . . ri:�ri.t!�b'�L:.' � ��i ., �;1 i4:;� �..ny�.�Xs�I�.QIa!dF��.;.. .�lA 1 ..��.�M�Y�o.i.-.v...wMl��,lc�r•�aYr�e+rw.r�w-� . . . . � ..._. . ....._ .. .__ ��� .. CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREE11vIENT CONCERNING DISTRIBUTION FROM E5TATE The undersigned,JOSHUA K. STOVER, a beneficiary of the Last Will and Testament of DOROTHY M. KENNEDY, 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. � J HUA K. S OVER COMMONWEALTH OF PENNSYLVANIA . : SS. COUNTY OF ' — Q----------���_ : On this, the��__day of_�_ ___________, 2013,before me,a Notary Public, the undersigned of�icer,personally appeared SHUA K. STOVER,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 conta.ined. IN WITNESS WHEREOF, I have hereunto s y hand an �iotarial S . R- ��� OTARY PUB'LIC �� P�,snr,ywNi NOTARIAL 'EAL GAiI C.SMiTH-RADER�Nopry PubGc SI�n�On Bao•.Balta Cax�h Com�n�pn Expiros NoNember 29,2014 _ __ _ _ �I1� CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, DAVID G. STOVER, a beneficiary of the Last Will and Testament of DOROTHY M. KENNEDY, Deceased, hereby consents to the Receipt, Release, Refunding and T.n�lemnity 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. � K � �, `.�� � DAVID G. STOVER COMMONWEALTH OR PENNSYLVANIA . . SS. COUNTY OF__ Lanc�st�" ____�_Y___ : On this, the___t��_day of___N��______�_�_, 2013,before me, a Notary Public, the undersigned officer, personally appeared DAVID G. STOVER, known to me to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same for Lhe pur�cse trer�in centained. IN WITNESS WHEREOF, I have hereunto et my h d and Notai-ial Seal. � NOTARY PUBLIC oor�r�oHw�v.n�oF�NSir�v�w�► NotaAal Sal Charles R.Maines,Notary Pubik We�t Earl 1Wp.,Lancasber CouMY - _.04t.7,2014 s _ ___ ,e:_._,