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Home My WebLink About06-12-14 COURT OF COMMON PLEAS OF CUMBERLAND, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-12-0902 -----------------------------------------------------------°------------------ ESTATE OF MARLIN R KERR, DECEASED Late of Cumberland County , PA ----------------------------------------------------------------------------- FAMILY SETTLEMENT AGREEMENT AND RELEASE OF JOHN C. OSZUSTOWICZ, EXECUTOR Date of Death: July 21, 2012 Letters Granted: August 16, 2012 First Complete Advertisement of Grant of Letters: August 31,2012 Account stated to: May 12, 2014 r John C Oszustowicz, Esq. C' 104 South Hanover Street c�j c Carlisle,PA 17013 ` E:: o C7 c> (717)243-7437 zo o ac N CC C1.3 Itl LL C c o AGREEMENT TO INDEMNIFY,RECEIPT,RELEASE AND REFUND THIS AGREEMENT,by and among John C. Oszustowicz,Executor of the Estate of Marlin R Kerr, Deceased and United Methodist Church of Carlisle,PA, Rosamond S. Kerr, Amber A. Kerr, William R. Kerr, Joy Billet Lopez,Edward E. Kerr, Rick L. Kerr, Andrew M. Kerr, John M. Ken, James S. Ken, Jeffrey L. Kerr and Susan Kennedy Rynard. WHEREAS, Marlin R Kerr died July 21, 2012,testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Marlin R Kerr dated January 31, 2001, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-12-0402 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS,Letters Testamentary were issued to John C. Oszustowicz on August 16, 2012; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS,in item 3 he devised and bequeathed all of his estate of every nature and wherever situate in six shares as follows: 1/6 to United Methodist Church of Carlisle, PA 1/6 to Rosamond S. Kerr 1/6 to Amber A. Kerr 1/6 to William R. Kerr 1/6 to be divided among Joy Billet Lopez, Edward E. Kerr, and Rick L. Kerr 1/6 to be divided among Andrew M. Kerr, John M. Kerr, James S. Kerr, Jeffrey L. Kerr and Susan Kennedy Rynard. WHEREAS,United Methodist Church of Carlisle,PA, Rosamond S. Kerr,Amber A.Kerr, William R. Kerr, Joy Billet Lopez,Edward E. Kerr, Rick L, Kerr,Andrew M. Kerr,John M. Kerr, James S. Kerr, Jeffrey L. Kerr and Susan Kennedy Rynard have been furnished with a complete listing of the estate assets, receipts and disbursements; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting. 1 I NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. John C. Oszustowicz, United Methodist Church of Carlisle, PA, Rosamond S. Kerr, Amber A. Kerr, William R. Kerr, Joy Billet Lopez, Edward E. Kerr, Rick L. Kerr, Andrew M. Kerr, John M. Kerr,James S. Kerr,Jeffrey L. Kerr and Susan Kennedy Rynard do hereby release and forever discharge John C. Oszustowicz, Executor, from any and all liability which he had or may have or which may from time to time arise in connection with his service as Executor of the Estate of Marlin R Kerr,Deceased, and hereby authorize and request the Orphans Court Division to charge the same against his share of said estate, and in consideration for said distribution, hereby agree to refund any amounts so distributed which may be required to fully discharge any tax liability of the estate,debts of the decedent, or administration expenses. 2. Each party to this Agreement acknowledges that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon their respective heirs, successors, executrix's, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. BATED this_.. It V) day of Jur l� 2014. __ — Witness John C. O ustowicz, Executor Witness U iced ivierhiadist Churck3enefi, ci ary Witness J Rosamond S. Kerr,BBen/eficiaiJ Witness Amber A. Kerr, Ben Ccc ii�iary lam - Wim William R. Kerr,Be fciary r i ess Joy e e , B efici OoCCLyN f2v12 Witnes Ed w rd E. Kerr eyrei�iary Witness Rick errr Beneficiary VWitn ' Andrew M. Kerr �e e , iary J e r, Beneficiary ��1/ mes S. Kerr, Beneficiary Witness Jeffie err, Beneficiary Witness Susan Kennedy Ryn d, Ben ficiary ,, Euhtht� A COPY LAST WILL and TESTAMENT I, MARLIN R. KERR, of Carlisle, Pennsylvania declare this instrument to be my last will and testament, hereby expressly revoking all wills and codicils heretofore made by me. I. I direct my executor to pay all of my debts,funeral and administrative expenses as soon as may be done conveniently after my death. 1 1 authorize and empower my executor to sell any realty owned by me at my death and not specifically devised or bequeathed herein, at either public or private sale, and to give good and sufficient deeds therefor,in fee simple, as I could do if living_ 3. I devise and bequeath all of my estate of every nature and wherever situate in six shares as follows. a. 1/6 to the First United Methodist Church of Carlisle, Pennsylvania, b. 1/6 to Rosamond S.Kerr, c. 1/6 to Amber A,Kerr, d. 1/0 to William R. Kerr, e. 1/6 to be divided among John E. Billet IV,Joy Billet Lopez, Edward F,. Kerr, Robert W. Kerr, and Rick L. Kerr, share and share alike, and f. 1/6 to be divided among Andrew M.Kerr, John M. Kerr, James S. Kerr, Jeffrey L. Kerr and Susan Kennedy Rynard, share and share alike. If Rosamond S. Kerr, Amber A. Kerr or William R. Kerr predecease me,the share which would have gone to him/her will lapse and that share will be divided equally among the remaining beneficiaries, a.through f. If any of the persons identified in e. or f. above predecease me, the share of that 1/6 share which would have gone to him or her will instead be divided among the remaining beneficiaries of that 1/6 share. 4. 1 nominate and appoint John C. Oszustowiez, my neighbor and friend, to be the executor of this my last will and testament. He is to serve as such without bond. Should he die before my death, renounce or refuse to serve for any reason,or die leaving any of my estate unadministered, 1 nominate and appoint Roger B. Irwin as substitute executor,also to serve as such without bond, with the same powers as are given herein to my executor. In witness whereof, 1 have hereunto set my hand and seal this day of January, 2001. MARLIN R. KERR Signed, sealed, published and declared by Marlin R. Kerr, the above named testator, as and for his last will and testament, in the presence of us, who at his request, in his presence and in the presence of each other have subscribed our names as witnesses hereto. r >nr 7 . Witness Witness ACKNOWLEDGEMENT AND ADDIDAVIT -fr We,Marlin R. Kerr,61 tvr, t' t a ,k ,,ti, and T,--a D. �r 7 Iv the testator and witnesses respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the testator signed and executed the instrument as his last will and testament and that he signed willingly, and that he executed it as his free and voluntary act for the purpose herein expressed, and that each of the witnesses, in the presence and hearing of the testator, signed the will as a witness and that to the best of their ` � I knowledge the testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue influence. MARLfN R. KERR j �I Commonwealth of Pennsylvania SS. County of Cumberland: Subscribed,sworn to and acknowledged before me by Marlin R Kerr, and subscribed and sworn to before me by til..e , —and. 1„ i witnesses,this 3 t day of January,2001. Notarial Seal Debra A.Zinn,Notary Public South Middleton Twp.,Cumberland County F ,Commission Expires Jan, 15,2005