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Home My WebLink About06-20-14 �, � � � � c� � ^ ;-,' n -�'= �� -- {�.' o r:7 _..., c-� __.. ''�l -- f`l Z �;1 :';'1 __ . ; K`3 ._„ .: _..__ ..,,. - N i`�i - '_'? C3 ' ) C:'7 '--) � �,, "� '�� `1 � ,..� � :.:'; -,7 - ' ..�-- , c:.: .. - c> : � ►—• _ t;�s �� __ ._n N v� Q ya � '�7 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-13-0600 ------------------------------------------------------------------------------ ESTATE OF RUTH H. GULDEN, DECEASED Late of Cumberland County , PA ------------------------------------------------------------------------------ FAMILY SETTLEMENT AGREEMENT AND RELEASE OF BARRY GULDEN, EXECUTOR Date of Death: April 29, 2013 Letters Granted: May 28, 2013 First Complete Advertisement of Grant of Letters: June 14, 2014 Account stated to: June 10, 2014 John C Oszustowicz, Esq. 104 South Hanover Street Carlisle, PA 17013 (717) 243-7437 AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Barry Gulden, Executor of the Estate of Ruth H. Gulden, Deceased and Barry Gulden and Gregg Gulden. WHEREAS, Ruth H. Gulden died Apri129, 2013,testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Ruth H. Gulden dated March 29, 1993, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-13-0600 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Barry Gulden on May 28, 2013; and WHEREAS, said Executor has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in FIFTH a. of her will, she gives, devises and bequeaths her real estate to her son Gregg A. Gulden. FIFTH b. she gave to her son Barry F. Gulden, and debts which he owed to her for money loaned to him at any time, whether or not represented by a note or other legal document, and directs that her personal representative shall not collect any principal or interest on said obligations. FIFTH c. She gives, devised and bequeaths one-half of the remainder of her estate to her son Gregg A. Gulden. FIFTH d. She gives, devised and bequeaths one-haif of the remainder of her estai;e to her son Barry F. Gulden. WHEREAS, Barry Gulden and Gregg Gulden 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. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. Barry Gulden and Gregg Gulden do hereby release and forever discharge Barry Gulden, 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 Ruth H. Gulden, 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, Executors, Executors and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this�day of Jun�e_ , 2 • ,. �c — Witnes$ ,` ' B uld n E or ;1. _ Witnes Barry Gul , Beneficiary � 1_.�- � Wv Witness Gre G lden, Beneficiary _ __ _ _ , , . O p � -_, �____ � b� ��.�t �i11 �n� C�1�e�x�.m�n� OF R UTH H. GULDEN I, RUTH H. GULDEN, of South Middleton Township, Cumberland County, Pennsylvania, declare this instrument to be me Last Will and Testament, in manner and form follo�ving: FIRST: I hereby expressly revoke all Wills and Codicils heretofore made by me. SECOND: I hereby direct my Executor to pay a�l my just debts, funeral and administrative expenses out of my estate, as soon as practicable after my death. THIRD: I direct that all taxes which may be assessed in consequence of my death of whatever nature and by whatever jurisdiction imposed shall be paid out of my estate� as a part of the administration of my estate. � FOURTH: Should my husband, FRANCIS V. GULDEN, survive me for a period of thirty days following my death, I devise and bequeath the remainder of my estate to my husband, FRANCIS V. GULDEN. FIFTH: Should my husband, FRANCIS V. GULDEN, predecease me or aie on or. before the thirtieth day following my death, I give, devise and bequeath the remainder of my estate, of every nature wherever situate, as follows: a. I give, devise and bequeath my real estate to my son, GREGG A. GULDEN, provided he survives my death. ► b. I give to my son, BARRY F. GULDEN, any debts which he owes to me for money loaned to him at any time, whether or not represented by a note or � ' other legal document, and direct that my personal representative shall not collect any principal or interest on said obligations. c. I give, devise and bequeath one-half (1/2) of the remainder of my estate to my son, GREGG A. GULDEN, provided he survives my death. Should he fail to survive my death, his share shall pass to my surviving son or to my grandchildren under Sub-Paragraph D immediately below. d. I give, devise and bequeath one-half (1/2) of the remainder of my estate � to my son, BARRY F. GULDEN, provided he survives my death. Should BARRY F. GULDE�i fail to survive my death, his share shali be distributed ! equally among my grandchildren then living. SIXTH: I nominate and appoint FARMERS TRUST COMPANY, of One West High Street, Carlisle, Pennsylvania as guardian of any property which passes to a minor under the provisions of this Last Will and Testament. SEVENTH: I nominate and appoint my husband, FRANCIS V. GULDEN, as Executor of this my Last Will and Testament; and as substitute Executors I nominate and appoint my sons, BARRY F. GULDEN and GREGG A. GULDEN. EIGHTH: I direct that my personal representative shall serve as such without the necessity of filing bond or security in any jurisdiction. i NlNTH: Ir ad�ition to the po�rers above orovided for and those given by law, my personal representative, without any order of court and in their sole discretion, may: A. Retain any property owned by me at my death and any form of life insurance, annuity� or endowment policies; and in so doing they may act without restriction to so-called legal investments and without responsibility for diversification. B. Repair, alter, improve or lease, for any period of time, any property, and give options for leases. 2 �.,._ " C. Sell at public or private sale, for cash or credit, with or without security, exchange or partition property and give options for sales or exchanges. D. Borrow money from any person, including my Executor or Trustee, and mortgage or pledge any property. E. Compromise claims. i F. Pay premiums on any life insurance, annuity or endowrnent policies which 1 may have been retained or purchased herein; and exercise any right, option or j privilege thereunder. G. Make distr�ution in cash or in kind or p�tly in each. H. In the event that FARMERS TRUST COMPANY shall serve either as my Executor, my Trustee or both, I direct that said corporate fiduciary shall be compensated for the services which it renders in accordance with its prevailing schedule of fees in effect during the time when said services are rendered. TENTH: All shares of principal and income hereby given shall be free from anticipation, assignment, pledge or obligation of the beneficiaries and any of them, and shall not be subject to any execution, attachment, levy or sequestration or other claims of the creditors of said beneficiaries or any of them. IN WITNESS WHEREOF, I have hereunto set my hand and seal this �� day of � ��'� , 1993. .� � �� ,� , ,.. !�.;��C�� f,�, ��-�j�'t.� SEAL � ) Ruth H. Gulden WITNESS: . , ��v( � 3 v,�- � I coMMONw�►�rH oF �swi.v�w► . . ss. COUNTY OF CUMBERLAND . I, RUTH H. GULDEN, Testatrix, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. .. ��-.��... ,�.��:,_ . _ .,. , 9w�orn ar a!llirrmed�ar ar�ada�awl�dged bebre me, ti�/1�!!'�H H t�AD@i,T�rbc, this ��--- day of `1i, , � ;,� _, 1993. ;- � ✓ , �� .�� , � Ruth H. Gulden, Testatrix t ____�� , , , _._. L �.�� , :� . _. ; ota ublic ��,.,._ iVOTARIAL SEAL TERESA J.BURKHOLDER,Notary Public Car(is{e,Cumbe�fand County,Pa. My Commission Expires Feb.12,1996 � 4 �� t � c�MO�a�n� t� �nva�r► . . ss. COUNTY OF CUMBERLAND . We,�o�F� r'�� i�lC��C-,��u��(.., and�C c�u F��u�� l._.��+�i�A.�e��i , the witnesses whose names are signed to the attached or foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw Testator, RUTH H. GULDEN, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary ac# for the purposes therein expressed; that each of us.un:the hearing and .� a._, of the,�esta#�'ix sign�d ihe �II as witnesses; and that to � rrir�d and �� no�� . � ,� - � � . --. � oor�sirai�t ar urr��s u . , ��ofi sE�d � Sworn or affirmed to and subscribed to before me by ckvt��-�t '(�- (�:��.;,F�':;�• and��r�� L� z_ � .��►�p,�,u��y witnesses this ��'� day of �c.G� , 1993. � Witn s c v tne � . _ ____. � �...�_ , :� ��. �_ � otary Public f�TARtAL SEAL SA J.Bt1F�Q�OLDER,Nol�ary Pt�ibic Carlisle,Ctanberland County,Pa. My Commission Expires Feb.12,1996 � 5 - - ��