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HomeMy WebLinkAbout04-14-08THE REGISTER OF WILLS, COUNTY OF CUMBERLAND, CARLISLE, PA ~.~ In Re: Estate of Mabel P. Mowery} Estate No. 2006-0112~'~ ~, ,~.i File No. 21-06-1129 ~ ~; .~ , Date of death: Decembefi'`a'~~, 2085 _ ~- v~ ~ .~: -; AGREEMENT FOR APPROVAL OF ACCOUNT RELEASE AND INDEIIFICA~ION " '' ~ _ _.: ,-, } • ~ _ ,._ The undersigned, John David Mowery, of 3355 Lime Kiln Rd., Chambersburg~PA 17201, Curtis Mowery, of 1370 Spotswood Dr., Locust Grove, VA 22508, and William Mowery, of 26 Rustic Dr., Shippensburg, PA 17257, are all the beneficiaries named in the will of the decedent in connection with the above-referenced estate, and desire that the administration of the estate be concluded without the formality of a court accounting. John David Mowery, as Executor of the Estate of Mabel P. Mowery, is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this Agreement to provide. In consideration of the willingness of the Executor to terminate the estate in accordance with the terms of the will without the protection afforded him by a formal adjudication of the account, the undersigned beneficiaries, their heirs, administrators, and/or personal representatives do hereby: 1. Acknowledge that the undersigned are authorized to execute this Agreement, and have read this Agreement and represent that the facts set forth herein are true and correct to the best of their knowledge, information and belief, and further acknowledge that they are familiar with the provisions of the will of the decedent; 2. Waive the filing of a formal account of the administration of this estate, in any court which has jurisdiction, in particular, the Office of the Cumberland County Register of Wills; 3. Understand that the distribution still may be subject to the payment of certain administration expenses; and accept and approve it with the same force and effect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such court which has jurisdiction over this estate, and, as if the distribution had been awarded by said court in accordance with this Agreement; 4. Warrant that they know of no outstanding and unsatisfied claims against the estate and approve final distribution; 5. Absolutely and irrevocably release and discharge the co-personal representatives, their personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the Executor in connection with the administration and distribution of assets, without a formal court accounting and adjudication; 6. Agree to refund to the Executor such part or all of the amount being distributed which may at any time be determined to have been an erroneous distribution regardless of the cause of such error, even if attributable to negligence; 7. Agree that any period of limitation of actions for the collection for any erroneous distribution to them shall commence only at such time as the Executor has obtained ' - actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Executor; 8. With respect to any distribution which the beneficiary has received, or will receive upon execution of this Agreement, agree to indemnify and hold harmless the Executor, his personal representatives, heirs, successors and assigns, from any liability, loss or expense (including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the Executor as a result of the administration of this estate or distribution in accordance with this Agreement including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes and federal and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 9. Agree that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania; 10. Agree that this Agreement is the entire and only agreement between the beneficiaries and Executor, and any changes or additions to this Agreement must be made in writing and executed by the parties hereto; 11. Agree that this Agreement is binding on the parties hereto, their heirs, personal representatives, successors and assigns, as the case may be; 12. Agree that in the event any part of this Agreement is construed as unenforceable, the remaining provisions of this Agreement shall be in full force and effect, and enforceable as though the unenforceable part or parts were not included; 13. Acknowledge that the beneficiaries have received their entire share from the estate, i.e $30,459.80 paid to John David Mowery on May 1, 2007,. $30,100.00 paid to on William Mowery on May 4, 2007, $30,000.00 paid to Curtis Mowery on May 5, 2007, and payments of $5,836.56 each to John David Mowery, William Mowery, and Curtis Mowery simultaneously with their execution of this Agreement, and they have been informed by the Executor of all expenses and debts of the estate. IN WITNESS WHEREOF, the undersigned agree to be bound hereby and have caused this Agreement to be signed this day of December, 2007. ss ~~ •l~ ~. ~~' ., 7 JOSEPH A. MACALUSO Attorney at Law 9614 Rowe Run Loop Shippensburg, PA 17257 Admitted to Practice is (717) 532-4832 PA, NJ aad NY April 11, 2008 Register of Wills ` r,..~ Cumberland County Court House ~ ~~ ~ `` One Court House Square 1-r7 f - ~ C _ ~ t.:~ ~: , Carlisle, PA 17013 . f-, --, ; (_. J ~~ Y ~' ,~ , i .., Y~ /~ =~~ 1 ,,_.._. •_ ~ ^1 Re: Estate of Mabel P. Mowery ~ ~ -_ Estate No. 2006-01129; File No. 21-06-1129 ~~ -~' ,_ ._ ' '' ~ Dear Sir/Madam: I represent John David Mowery, Executor of the Estate of Mabel P. Mowery. I have enclosed herewith for filing an original and one copy of the executed Agreement for Approval of Account, Release and Indemnification, together with my client's check in the amount of $5.00 for the filing fee. This closes the estate. Please return to me the copy of the "Agreement" marked "filed" in the enclosed self-addressed stamped envelope. Thank you for your indulgence in this matter. Sincerely, h A. Macaluso John David Mowery