Loading...
HomeMy WebLinkAbout12-19-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: DONALD E. KUTZ,JR Date of Death: NOVEMBER 27, 2010 File Number:21-11-0313 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . O Yes ®No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . . . []Yes ®No b. The separate Orphans' Court No. (if any)for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®Yes 13No d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this r plo�ft. Dare 12/18/2013 . !� to SignatureofPer nFilingth' Form u� w._ CapaciTy: ®Persona ntative ®Counsel . u_ cam. E. RALPH GODFREY,ESQUIRE G C <D U o � .� Name of Person Filing this Form r_7 r M z 1011 MUMMA ROAD, SUITE 201 W W ~ —j 'd Address I— f_ = W m LEMOYNE, PA 17043 �. g W = 717-975-9600 ^� Telephone Form RW-!0 rev. 10.13.06 _n IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO.21-11-0313 APPROVAL OF ACCOUNT.RELEASE &INDEMNIFICATION WHEREAS, DONALD E. KUTZ,JR.died intestate on November 27,2010; and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMIMSTRATRI)C") of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the"ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the "FIRM"), serve as counsel for the ADMINISTRATRIX; and WHEREAS, BARBARA L. KUTZ (hereinafter referred to as the "BENEFICIARY") is a beneficiary of the ESTATE; and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMINISTRATRIX and BENEFICIARY desires that the ESTATE be distributed without the formality of a court accounting;and WHEREAS, ADMINISTRATRIX is willing to consent to such distribution upon receipt of a proper release and indemnification,which it is the purpose of this document to provide. WHEREAS, it is the desire of the BENEFICIARY to receive a final distribution with the understanding that the distribution of the amount listed on the Schedule of Proposed Distribution in the Second and Final Accounting, which is incorporated herein by reference, will be made to the other beneficiaries;and NOW, THEREFORE, in consideration of the willingness of the ADMINISTRATRIX to distribute and terminate the ESTATE in accordance with the intestate laws of the Commonwealth of Pennsylvania without the protection afforded to her by a formal adjudication of her account, the undersigned BENEFICIARY does hereby: 1. Absolutely and irrevocably releases and discharges ADMINISTRATRIX and FIRM from any and all actions, suits, liabilities, claims, payments, accountants, reckonings, claims and demands whatsoever, for or by reason thereof. 2. Waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRM and accepts the Second and Final Informal Accounting of the ESTATE. 3. Declares that she has examined the Second and Final Informal Accounting of the administration of this ESTATE and approves it with the same force and effect as if it had been prepared and duly filed with, audited and adjudicated by the Orphans Court. 4. Waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed and that no amount shall be paid to any beneficiary until the other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 5. Agrees to accept the sum of Four Thousand Nine Hundred Eighty Four and 99/100 Dollars($4,984.99 as the final distribution of BENEFICIARY'S interest in the ESTATE. 6. Agrees to refund to the ADMINISTRATRIX,the ESTATE, and the FIRM such part or all of the distributive share which at any time may be determined to have been an erroneous distribution,regardless of the cause of such error. 7. Agrees to indemnify and hold harmless ADMINISTRATRIX,the ESTATE,and the FIRM from all claims, liability, loss or expense asserted against the ESTATE provided that such refund and indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE, including, but not limited to,any federal estate tax,Pennsylvania inheritance tax or any other taxes relating in anyway to the ESTATE. 8. Agrees that this Release and Indemnification shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFICIARY, executes this Release and Indemnification, intending to be legally bound hereby,this day of OLeCfft 1� ` ,2013 WITNESS: r,Jyl 1�. . BARBARA L. KUTZ State of Pennsylvania ss County of Cumberland t� �\ On this,the day of 1/2ctc� �d w 2013, before me,the undersigned officer,personally appeared Barbara L. Kutz, known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. (SEAL) COMMONWEALTH OF PEN NSYLVAN[ANotary P blic NOTARIAL SEAT. E Ralph Godfrey,Notary Public Lemoyne Bore,Cumberland County My Commission Expires March 16,2017 IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,K CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO. 21-11-0313 THIRD PARTIAL RELEASE&INDEMNIFICATION WHEREAS, DONALD E.KUTZ,JR.died intestate on November 27,2010;and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMINISTRATRIX") of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the"ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the "FIRM"),serve as counsel for the ADMINISTRATRIX; and WHEREAS;BARBARA L. KUTZ (hereinafter referred to as the "BENEFICIARY") is a beneficiary of the ESTATE; and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMIMSTRATRIX;and WHEREAS, pursuant to the Pennsylvania intestate law, BENEFICIARY is entitled to ONE-HALF(1/2)of the ESTATE; and WHEREAS, the BENEFICIARY has already received two previous partial distribution from the ESTATE in the total amount of$11,000.00;and WHEREAS, it is the desire of the BENEFICIARY to receive a third partial distribution in the amount set forth below with the understanding that a distribution of the amount listed on the Schedule of Proposed Distribution will be made to the other beneficiaries; and WHEREAS, the BENEFICIARY is willing to indemnify FIRM and ADMINISTRATRIX from any future liability relating to claims which could be asserted against the assets of the ESTATE. NOW,THEREFORE,the parties hereto agree as follows: 1. The BENEFICIARY releases ADMIMSTRATRIX from liability for any and all claims to the extent of the value received from the ESTATE. 2. BENEFICIARY waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRDX through August 7, 2013, and agrees to accept the informal accounting of the ESTATE attached to this Agreement. 3. BENEFICIARY waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed as it is the express agreement of the parties that no amount shall be paid to any beneficiary until other beneficiaries have agreed to the coordinated distribution of which this Release is apart. 4. ADNfMSTRATRIX agrees to deliver to BENEFICIARY the sum of Five Thousand Two Hundred Eighty Five and 53/100 Dollars ($5,285.53) as partial distribution of BENEFICIARY'S interest in the residue of the ESTATE. 5. BENEFICIARY in consideration of the agreement herein contained shall indemnify and hold harmless ADMINISTRATR EY the ESTATE, and the FIRM from all claims asserted against the ESTATE subsequent to this agreement,provided that such indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE. 6. BENEFICIARY acknowledges that this Agreement is entered into without compulsion and acknowledges that this Agreement is supported by good and valuable consideration. 7. BENEFICIARY, the FIRM, and the ADMINISTRATRD{ acknowledge that this Release and Indemnification contains all of the understandings of the parties and that it shall be interpreted,if necessary,and controlled by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFICIARY, executes this Release and Indemnification, 'VW intending to be legally bound hereby,this day of oc-k-s 2013 WITNESS: BARBARA L. KUTZ Commonwealth of Pennsylvania ss County of CUMBERLAND On this, then day of C'66' 2013, before me,the undersigned officer,personally appeared Barbara L. Kutz, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL (SEAL) E.Ralph Godfrey,Notary Pubk Nola r P eblic Lemoyne Boro,Cumberland County W Commission Egires March 16,2017 IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO. 21-11-0313 RELEASE&INDEMNIFICATION FOR ADVANCE DISTRIBUTION WHEREAS, Barbara L. Kutz (hereinafter referred to as the "BENEFICIARY") requests and desires that she receive a partial advance distribution in the amount of Eight Thousand and 00/100 Dollars($8,000.00)from the Estate of Donald E. Kutz,Jr. (hereinafter"ESTATE"); and WHEREAS, the BENEFICIARY is willing to indemnify the ESTATE and the ADMINISTRATRIX, Barbara L. Kutz, from any future liability relating to claims which could be asserted against the assets of the ESTATE. NOW,THEREFORE,the parties hereto agree as follows: 1. The BENEFICIARY releases ADMINISTRATRX from liability for any and all claims to the extent of the value received from the ESTATE. 2. BENEFICIARY waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed as it is the express agreement of the parties that no amount shall be paid to any beneficiary until other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 3. ADMINISTRATOR agrees to deliver to BENEFICIARY the sum of Eight Thousand and 00/100 ($8,000.00) DOLLARS as an advanced distribution of BENEFICIARY'S interest in the ESTATE. 4. BENEFICIARY in consideration of the agreement herein contained shall indemnify and bold harmless ADMINISTRATRK the ESTATE, and the Cipriani & Werner, P.C. from all claims asserted against the ESTATE subsequent to this release, provided that such indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE. 5. BENEFICIARY acknowledges that this release is entered into without compulsion and acknowledges that this release is supported by good and valuable consideration. 6. BENEFICIARY acknowledges that this Release and Indemnification contains all of the understandings of the parties and that it shall be interpreted, if necessary, and controlled by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal the Js} day f �,2013. y WITNESS: BARBARA L.KUTZ COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the A-Sfi day of May, 2013, before me, the undersigned officer, personally appeared Barbara L. Kutz,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. OoNMONWEALjuOFPENNM,YAWA '�(y��\� NOTARIALSEAL ` \J SEAL 13 R Cfiy NpMe Notary Public ( ) Lemoyne,Cumberland County Myeommisdon Mamb16,7A17 IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO.21-11-0313 RELEASE&INDEMNIFICATION FOR ADVANCE DISTRIBUTION WHEREAS, Barbara L. Kutz (hereinafter referred to as the `BENEFICIARY") requests and desires that she receive a partial advance distribution in the amount of Three Thousand and 00/100 Dollars($3,000.00) from the Estate of Donald E.Kutz,Jr.(hereinafter"ESTATE"); and WHEREAS, the BENEFICIARY is willing to indemnify the ESTATE and the ADMIMSTRATRDC, Barbara L. Kutz, from any future liability relating to claims which could be asserted against the assets of the ESTATE. NOW,THEREFORE,the parties hereto agree as follows: 1. The BENEFICIARY releases ADMINISTRATRIX from liability for any and all claims to the extent of the value received from the ESTATE. 2. BENEFICIARY waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed as it is the express agreement of the parties that no amount shall be paid to any beneficiary until other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 3. ADMINISTRATOR agrees to deliver to BENEFICIARY the sum of Three Thousand and 00/100 ($3,000.00) DOLLARS as an advanced distribution of BENEFICIARY'S interest in the ESTATE. 4. BENEFICIARY in consideration of the agreement herein contained shall indemnify and hold harmless ADMINISTRATRIX, the ESTATE, and the Cipriani & Werner, P.C. from all claims asserted against the ESTATE subsequent to this release, provided that such indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE. 5. BENEFICIARY acknowledges that this release is entered into without compulsion and acknowledges that this release is supported by good and valuable consideration. 6. BENEFICIARY acknowledges that this Release and Indemnification contains all of the understandings of the parties and that it shall be interpreted, if necessary, and controlled by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day of Jkle 1.�, 2013. WITNESS: BARBARA L. KUTZ COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND On this, the O day of July, 2013, before me, the undersigned officer, personally appeared Barbara L. Kutz,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. Nola Pr lic Commonwealth of Pennsylvania NOTARIAL SEAL ROBERT D.TURGYAN, Notary Public West Lampeter Twp.,Lancaster County M Commission Ex Tres June 2,2018 IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO. 21-11-0313 APPROVAL OF ACCOUNT.RELEASE&INDEMNIFICATION WHEREAS,DONALD E.KUTZ,JR.died intestate on November 27,2010;and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMINISTRATRI)C") of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the"ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the"FIRM"), serve as counsel for the ADMINISTRATRIX; and WHEREAS, MELISSA MILLER (hereinafter referred to as the `BENEFICIARY") is a beneficiary of the ESTATE; and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMINISTRATRIX and BENEFICIARY desires that the ESTATE be distributed without the formality of a court accounting;and WHEREAS, ADMINISTRATRIX is willing to consent to such distribution upon receipt of a proper release and indemnification,which it is the purpose of this document to provide. WHEREAS, it is the desire of the BENEFICIARY to receive a final distribution with the understanding that the distribution of the amount listed on the Schedule of Proposed Distribution in the Second and Final Accounting, which is incorporated herein by reference, will be made to the other beneficiaries;and NOW, THEREFORE, in consideration of the willingness of the ADMINISTRATRIX to distribute and terminate the ESTATE in accordance with the intestate laws of the Commonwealth of Pennsylvania without the protection afforded to her by a formal adjudication of her account, the undersigned BENEFICIARY does hereby: 1. Absolutely and irrevocably releases and discharges ADMINISTRATRIX and FIRM from any and all actions, suits, liabilities, claims, payments, accountants, reckonings, claims and demands whatsoever, for or by reason thereof. 2. Waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRIX, and accepts the Second and Final Informal Accounting of the ESTATE. 3. Declares that she has examined the Second and Final Informal Accounting of the administration of this ESTATE and approves it with the same force and effect as if it had been prepared and duly filed with,audited and adjudicated by the Orphans Court. 4. Waives the benefit of Rule of Court No. 229.1 and any other provision permitting, interest to be collected when payment is delayed after a Release is signed and that no amount shall be paid to any beneficiary until the other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 5. Agrees to accept the sum of One Thousand Six Hundred Sixty One and 66/100 Dollars($1,661.66)as the final distribution of BENEFICIARY'S interest in the ESTATE. 6. Agrees to refund to the ADMINISTRATRM the ESTATE,and the FIRM such part or all of the distributive share which at any time may be determined to have been an erroneous distribution,regardless of the cause of such error. 7. Agrees to indemnify and hold harmless ADMINISTRATRM the ESTATE, and the FIRM from all claims, liability, loss or expense asserted against the ESTATE provided that such refund and indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE, including,but not limited to,any federal estate tax,Pennsylvania inheritance tax or any other taxes relating in anyway to the ESTATE. 8. Agrees that this Release and Indemnification shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFICIARY, executes this Release and Indemnification, intend' g to be legally bound hereby,this Y' day of &C&n4, YA- ,2013 S: `-� PAY AtAol� MELISSA MILLER State of V ss County of On this,the 3 day of , 2013, before me,the undersigned officer,personally appeared Melissa Miller,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and off is s 1. (SEAL) Not ub c NC7ARIAL SEAL DARCIS A•NEIL,Notary public Boro oT Carlisle.Cumbarlerb Cou �Y Commission Expires November24,2017 i IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO. 21-11-0313 PARTIAL RELEASE&INDEMNIFICATION WHEREAS,DONALD E.KUTZ,JR.died intestate on November 27,2010;and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMINISTRATRIX of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the"ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the"FIRM"), serve as counsel for the ADMINISTRATRIX; and WHEREAS, MELISSA MILLER (hereinafter referred to as the "BENEFICIARY") is a beneficiary of the ESTATE; and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMINISTRATRIX;and WHEREAS, pursuant to the Pennsylvania intestate law, BENEFICIARY is entitled to ONE-THIRD of ONE-HALF(1/2)of the ESTATE;and WHEREAS, it is the desire of the BENEFICIARY to receive a partial distribution in the amount of$5,334.35 with the understanding that a distribution of the amount listed on the Schedule of Proposed Distribution will be made to the other beneficiaries; and WHEREAS, the BENEFICIARY is willing to indemnify FIRM and ADMINISTRATRIX from any future liability relating to claims which could be asserted against the assets of the ESTATE. NOW,THEREFORE,the parties hereto agree as follows: 1. The BENEFICIARY releases ADMINISTRATRIX from liability for any and all claims to the extent of the value received from the ESTATE. 2. BENEFICIARY waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRIX through August 7, 2013, and agrees to accept the informal accounting of the ESTATE attached to this Agreement. 3. BENEFICIARY waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed as it is the express agreement of the parties that no amount shall be paid to any beneficiary until other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 4. ADMINISTRATRIX agrees to deliver to BENEFICIARY the sum of Five Thousand Three Hundred Thirty Four and 35/100 Dollars ($5,334.35) as partial distribution of BENEFICIARY'S interest in the residue of the ESTATE. 5. BENEFICIARY in consideration of the agreement herein contained shall indemnify and hold harmless ADMINISTRATRIX, the ESTATE, and the FIRM from all claims asserted against the ESTATE subsequent to this agreement, provided that such indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE. 6. BENEFICIARY acknowledges that this Agreement is entered into without compulsion and acknowledges that this Agreement is supported by good and valuable consideration. 7. BENEFICIARY, the FIRM, and the ADMINISTRATRIX acknowledge that this Release and Indemnification contains all of the understandings of the parties and that it shall be interpreted,if necessary,and controlled by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFICIARY, executes this Release and Indemnification, intending to be legally bound hereby,this 5+'day of SQp ,2013 WITNESS: �, /, D, ,'' g�A1 ��� n 6 YlJ' 1��'�^ `f ' ` MELISSA MILLER Commonwealth of Pennsylvania n � �- ' II� ss County of.611 � On this, the C�)�Iday ofy 2013,before me,the undersigned officer, personally appeared Melissa Miller,known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. C0MWNWFALTHQEPEM6YLVNM- (SEAL) NOTARIALSEAL Notary ublie DARCIEA.NEIL,.Nouuy Pu6Yo ®oro of Cmfisle,cwhww d Car dy My Cunffftsbn EVkm Nov.24,2013 IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DMSION NO. 21-I I-0313 APPROVAL OF ACCOUNT,RELEASE&INDEMNIFICATION WHEREAS,DONALD E.KUTZ,JR.died intestate on November 27,20 10;and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMRVISTRATRIX") of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the`ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the"FIRM"), serve as counsel for the ADMINISTRATRIX;and WHEREAS, RONALD KUTZ (hereinafter referred to as the `BENEFICIARY") is a beneficiary of the ESTATE; and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMINISTRATRDC and BENEFICIARY desires that the ESTATE be distributed without the formality of a court accounting;and WHEREAS, ADMINISTRATRIX is willing to consent to such distribution upon receipt of a proper release and indemnification,which it is the purpose of this document to provide. WHEREAS, it is the desire of the BENEFICIARY to receive a final distribution with the understanding that the distribution of the amount listed on the Schedule of Proposed Distribution in the Second and Final Accounting, which is incorporated herein by reference, will be made to the other beneficiaries;and NOW, THEREFORE, in consideration of the willingness of the ADMINISTRATRIX to distribute and terminate the ESTATE in accordance with the intestate laws of the Commonwealth of Pennsylvania without the protection afforded to her by a formal adjudication of her account, the undersigned BENEFICIARY does hereby: 1. Absolutely and irrevocably releases and discharges ADMMSTRATRIX and FIRM from any and all actions, suits, liabilities, claims, payments, accountants, reckonings, claims and demands whatsoever,for or by reason thereof. 2. Waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRIX, and accepts the Second and Final Informal Accounting of the ESTATE. 3. Declares that he has examined the Second and Final Informal Accounting of the administration of this ESTATE and approves it with the same force and effect as if it had been prepared and duly filed with,audited and adjudicated by the Orphans Court. 4. Waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed and that no amount shall be paid to any beneficiary until the other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 5. Agrees to accept the sum of One Thousand Six Hundred Sixty One and 67/100 Dollars($1,661.67)as the final distribution of BENEFICIARY'S interest in the ESTATE. 6. Agrees to refund to the ADMINISTRATRIX,the ESTATE, and the FIRM such part or all of the distributive share which at any time may be determined to have been an erroneous distribution,regardless of the cause of such error. 7. Agrees to indemnify and hold harmless ADMINISTRATRIX,the ESTATE, and the FIRM from all claims, liability, loss or expense asserted against the ESTATE provided that such refund and indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE, including, but not limited to,any federal estate tax,Pennsylvania inheritance tax or any other taxes relating in anyway to the ESTATE. 8. Agrees that this Release and Indemnification shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFICIARY, executes this Release and Indemnification, intending to be legally bound hereby,this J�L day of A.)wtm�� ,2013 WITNESS: RONALD KUTZ State of—J XQ6 ss County of C Lec\r)ar\ On this,the�day of_ pi erxNbeC 2013, before me,the undersigned officer,personally appeared Ronald Kurz, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offici I•s 1. (SEAL) o Public """"u. LESLIE ACKER ,e°� `< Notary Public,State of Texas �, - My Commission Expires *'�:••• �< tember 03.2014 eyo�,o SeP IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO.21-11-0313 PARTIAL RELEASE&INDEMNIFICATION WHEREAS,DONALD E.KUTZ,JR.died intestate on November 27,2010;and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMINISTRATRIX') of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the"ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the "FIRM"), serve as counsel for the ADMINISTRATRIX; and WHEREAS, RONALD KUTZ (hereinafter referred to as the "BENEFICIARY") is a beneficiary of the ESTATE;and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMINISTRATRIX;and WHEREAS, pursuant to the Pennsylvania intestate law, BENEFICIARY is entitled to ONE-THIRD of ONE-HALF (1/2)of the ESTATE;and WHEREAS, it is the desire of the BENEFICIARY to receive a partial distribution in the amount of$5,334.34 with the understanding that a distribution of the amount listed on the Schedule of Proposed Distribution will be made to the other beneficiaries;and WHEREAS, the BENEFICIARY is willing to indemnify FIRM and ADMINISTRATRIX from any future liability relating to claims which could be asserted against the assets of the ESTATE. NOW,THEREFORE,the parties hereto agree as follows: 1. The BENEFICIARY releases ADMINISTRATRIX from liability for any and all claims to the extent of the value received from the ESTATE. 2. BENEFICIARY waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRIX through August 7, 2013, and agrees to accept the informal accounting of the ESTATE attached to this Agreement. 3. BENEFICIARY waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed as it is the express agreement of the parties that no amount shall be paid to any beneficiary until other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 4. ADMINISTRATRIX agrees to deliver to BENEFICIARY the sum of Five Thousand Three Hundred Thirty Four and 34/100 Dollars ($5,334.34) as partial distribution of BENEFICIARY'S interest in the residue of the ESTATE. 5. BENEFICIARY in consideration of the agreement herein contained shall indemnify and hold harmless ADMINISTRATRIX, the ESTATE, and the FIRM from all claims asserted against the ESTATE subsequent to this agreement, provided that such indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE. 6. BENEFICIARY acknowledges that this Agreement is entered into without compulsion and acknowledges that this Agreement is supported by good and valuable consideration. 7. BENEFICIARY, the FIRM, and the ADMINISTRATRIX acknowledge that this Release and Indemnification contains all of the understandings of the parties and that it shall be interpreted, if necessary,and controlled by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFICIARY, executes this Release and Indemnification, intending to be legally bound hereby,this�day of A, f 2013 WITNESS: RONALD KUTZ State of M�y:�" ss County of f l`Wjirin On this, the_a_day of 2013, before me,the undersigned officer,personally appeared Ronald Ku& known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. 4nlaryvP�u (SEAL) blic y LESLIE ACKE �:Notary Public,State of Texas My commission Expires September 03, 2014 IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO. 21-11-0313 APPROVAL OF ACCOUNT.RELEASE&INDEMNIFICATION WHEREAS,DONALD E.KUTZ,JR.died intestate on November 27,2010; and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMINISTRATRIX") of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the"ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the "FIRM"),serve as counsel for the ADUMSTRATRIX;and WHEREAS, JOHN KUTZ (hereinafter referred to as the `BENEFICIARY") is a beneficiary of the ESTATE;and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMINISTRATRIX and BENEFICIARY desires that the ESTATE be distributed without the formality of a court accounting;and WHEREAS, ADMINISTRATRIX is willing to consent to such distribution upon receipt of a proper release and indemnification,which it is the purpose of this document to provide. WHEREAS, it is the desire of the BENEFICIARY to receive a final distribution with the understanding that the distribution of the amount listed on the Schedule of Proposed Distribution in the Second and Final Accounting, which is incorporated herein by reference, will be made to the other beneficiaries;and NOW, THEREFORE, in consideration of the willingness of the ADMINISTRATRIX to distribute and terminate the ESTATE in accordance with the intestate laws of the Commonwealth of Pennsylvania without the protection afforded to her by a formal adjudication of her account, the undersigned BENEFICIARY does hereby: I. Absolutely and irrevocably releases and discharges ADMINISTRATRIX and FIRM from any and all actions, suits, liabilities, claims, payments, accountants, reckonings, claims and demands whatsoever,for or by reason thereof. 2. Waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRIX, and accepts the Second and Final Informal Accounting of the ESTATE. 3. Declares that he has examined the Second and Final Informal Accounting of the administration of this ESTATE and approves it with the same force and effect as if it had been prepared and duly filed with, audited and adjudicated by the Orphans Court. 4. Waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed and that no amount shall be paid to any beneficiary until the other beneficiaries have agreed to the coordinated distribution of which this Release is a pan:. 5. Agrees to accept the sum of One Thousand Six Hundred Sixty One and 66/100 Dollars($1,661.66)as the final distribution of BENEFICIARY'S interest in the ESTATE. 6. Agrees to refund to the ADMINISTRATRIX,the ESTATE,and the FIRM such part or all of the distributive share which at any time may be determined to have been an erroneous distribution,regardless of the cause of such error. 7. Agrees to indemnify and hold harmless ADMINISTRATRM the ESTATE, and the FIRM from all claims, liability, loss or expense asserted against the ESTATE provided that such refund and indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE, including,but not limited to,any federal estate tax,Pennsylvania inheritance tax or any other taxes relating in anyway to the ESTATE. 8. Agrees that this Release and Indemnification shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFICIARY, executes this Release and Indemnification, intending to be legally bound hereby,this 7th day of November 2013 WITNESS: 4' OM KUT State of Tennessee ss County of Bledsoe On this,the 7th day of November 2013, before me,the undersigned officer,personally appeared John Kutz,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. `,.` •f•f'PO �.,�� STATE 4L) OF otary Public : TENNESSEE NOTARY it • PUBLIC •;' IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF DONALD E. KUTZ,JR, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO.21-11-0313 PARTIAL RELEASE&INDEMNIFICATION WHEREAS,DONALD E. KUTZ,JR.died intestate on November 27,2010;and WHEREAS, BARBARA L. KUTZ serves as Administratrix (hereinafter referred to as "ADMINISTRATRIX") of the ESTATE OF DONALD E. KUTZ, JR. (hereinafter referred to as the"ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the "FIRM"), serve as counsel for the ADMINISTRATRIX; and WHEREAS, JOHN KUTZ (hereinafter referred to as the `BENEFICIARY") is a beneficiary of the ESTATE; and WHEREAS, ADMINISTRATRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by ADMINISTRATRIX; and WHEREAS, pursuant to the Pennsylvania intestate law, BENEFICIARY is entitled to ONE-THIRD of ONE-HALF (1/2)of the ESTATE;and WHEREAS, it is the desire of the BENEFICIARY to receive a partial distribution in the amount of$5,334.34 with the understanding that a distribution of the amount listed on the Schedule of Proposed Distribution will be made to the other beneficiaries; and WHEREAS, the BENEFICIARY is willing to indemnify FIRM and ADMINISTRATRIX from any future liability relating to claims which could be asserted against the assets of the ESTATE. NOW,THEREFORE,the parties hereto agree as follows: 1. The BENEFICIARY releases ADMINISTRATRIX from liability for any and all claims to the extent of the value received from the ESTATE. 2. BENEFICIARY waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the ADMINISTRATRIX through August 7, 2013, and agrees to accept the informal accounting of the ESTATE attached to this Agreement. r ' 3. BENEFICIARY waives the benefit of Rule of Court No. 224.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed as it is the express agreement of the parties that no amount shall be paid to any beneficiary unfit other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 4. ADMINISTRATRIX agrees to deliver to BENEFICIARY the sum of Five Thousand Three Hundred Thirty Four and 34/100 Dollars ($5,334.34) as partial distribution of BENEFICIARY'S interest in the residue of the ESTATE. 5. BENEFICIARY in consideration of the agreement herein contained shall indemnify and hold harmless ADMINISTRATFM the ESTATE, and the FIRM from all claims asserted against the ESTATE subsequent to this agreement,provided that such indemnification is limited to the value of the assets received by the BENEFICIARY from the ESTATE. 6. BENEFICIARY acknowledges that this Agreement is entered into without compulsion and acknowledges that this Agreement is supported by good and valuable consideration. 7. BENEFICIARY, the FIRM, and the ADNM41STRATRIX acknowledge that this Release and Indemnification contains all of the understandings of the parties and that it shall be interpreted,if necessary,and controlled by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, BENEFI Y, exec es this Release and Indemnification, intending to be legally bound hereby,this day of 2013 HN KUT State of 40-w c g Phi ss County of & e�n On this, the A-Ll—day of 2013,before me,the undersigned officer, personally appeared John Kurz a (or satisfactorily proven)to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. STATE EE , Notary Public t RY ' o IC