HomeMy WebLinkAbout02-03-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA—ORPHANS' COURT DIVISION
NO. 21-14-7
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ESTATE OF JAMES MICHAEL ERB, DECEASED
Late of Mount Holly Springs, Cumberland County, PA
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FAMILY SETTLEMENT AGREEMENT
GARY ERB, JR., ADMINISTRATOR
Date of Death: December 9, 2013
Letters Granted: January 10, 2014
Advertisement of Letters Completed on: February 14, 2014
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AGREEMENT TO INDEMNIFY, RECEIPT,AND RELEASE
THIS AGREEMENT, with respect to the Estate of James Michael Erb is by and
between Gary Erb, Jr., Administrator, Frances Erb,beneficiary, and Gary Erb, Sr.,
beneficiary.
WHEREAS,James Michael Erb died December 9, 2013, intestate, a resident of
Cumberland County, Pennsylvania; and
WHEREAS, an Estate was opened and Letters Administration were granted to
Gary Erb, Jr., on January 10, 2014 in the Office of the Register of Wills of Cumberland
County, Pennsylvania as appears of record at Number 21-14-7; and
WHEREAS, said Administrator has duly administered the estate according to the
laws of the Commonwealth of Pennsylvania; and
WHEREAS, James Michael Erb's only living lineal relatives are his parents,
Frances Erb and Gary Erb, Sr.; and
WHEREAS, Frances Erb and Gary Erb, Sr., have been furnished with a complete
listing of the estate assets and disbursements and has had opportunity to review the same
along with receipts with the Administrator and his counsel, or has knowingly and �y�
voluntarily declined to do so; and � �7�(� � � 'L � 5'�
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WHEREAS, the net distributable assets of the Estate total $5�2; and
WHEREAS, the parties agree that Frances Erb and Gary Erb, Sr., shall receive a
distribution of$�Z upon e�ecutio�„Qf�th� ithin A ee nt; and
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WHEREAS, it is the desire of the parties to t 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. The beneficiaries do hereby release and forever discharge the Administrator,
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 Administrator of the Estate of
James Michael Erb, Deceased, and hereby authorize and request the Orphans'
Court Division to charge the same against their 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. The parties to this Agreement acknowledge that this Agreement shall be
indexed and recorded in the estate proceedings and that the terms hereof shall
be binding upon their respective beneficiaries, successors, and assigns.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
We, the undersigned parties, hereby agree to the terms set forth herein.
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WITNE Gary , Jr. Date
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WITN SS Frances Erb Date
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WITNE S Gary Er , S Date