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HomeMy WebLinkAbout06-04-08 ESTATE OF GRACE B. HAZEN, DECEASED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-07-0645 "" = c-..;> co c-_ c:: Z 1 +:"" INRE: 80 <::0 CD-U f1\:I () :D~~ RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEM!~ CONCERNING DISTRIBUTION FROM ESTATE :;2~ ?J ::0 ':-O~ .;po C) .- ,::- THIS AGREEMENT, based upon the family circumstances outlined, is entered intdwith -u 3: N the Executor by each beneficiary, from the date of formalization of their separate Consents: 1. GRACE B. HAZEN died Testate on June 16, 2007. 2. Decedent's Will, dated May 28,2003, provided for various specific and general bequests, and designated James B. Hazen as Executor. 3. Said Will was accepted by the Register of Wills of Cumberland County for probate on July 10, 2007, and steps necessary to complete the administratiun wer.::: undertaken by the Executor. 4. The beneficiaries desire that the distribution of the assets of the Estate be made without the formality of an Accounting in the Orphans' Court Division of the Cumberland County, Pennsylvania Court of Common Pleas, and the Executor is willing to make this distribution upon the execution of this Agreement. \ 5. The beneficiaries desire to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of the distribution in satisfaction of the bequest contained in the decedent's Last Will and Testament. 6. The beneficiaries wish to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate with the Executor after the date hereof. 7. The Executor is willing to make a distribution of informal settlement of the Estate in consideration of the indemnification and agreements hereinafter provided by the beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound hereby, jointly and severally, the beneficiaries do, for themselves, their heirs, personal representatives, successors and assigns, agree a~ follows: A. Represent and warrant that they have read and they understand this Agreement and confirm that the facts set forth above are true and correct, to the best of their knowledge, information and belief. B. Declare that they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and do hereby waive the filing and auditing of said formal accounting. C. Acknowledge that the distributive share or amount set forth on the "Accounting" shall be in satisfaction of their respective entitlements under the Will. D. Release, remise, quitclaim and forever discharge the Executor, his heirs, personal representatives, successors and assigns, from and against all claims that they, as residuary beneficiaries of the Estate, had, now have, or may in the future have in connection with the Estate. E. Agree to refund, on demand, all or any part of their proportionate share of any aforesaid distribution, which has been determined by the Executor or by the Court, or by any court of competent jurisdiction, to have been improperly made. F. Agree to indemnify and hold harmless the Executor his heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. G. Agree to execute such additional documents as may be necessary to effectuate the agreements set forth herein. H. Acknowledge that this Agreement shall be governed by and construed III accordance with the laws of the Commonwealth of Pennsylvania. 1. Consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the beneficiaries have set their hands and seals to the Consents attached hereto, to be effective as of the date first above written. CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, JAMES B. HAZEN., a beneficiary of the Last Will and Testament of GRACE B. HAZEN, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided to him. The undersigned also acknowledges receipt of his share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. ~\ ,~ (~ ~ -~-- A SB.HAZEN ~ COMMONWE~H OF PENNSYLVANIA ';: A Iir SS. COUNTY OF rr~ Onthis,the fo-ft( daYOf~~~ , 2008,bei(lreme, a NocaryPublic, the undersigned officer, personally appeared JAMES B. HAZEN, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here COMMONWEALTH OF PENNSYLVANIA Notarial Seal Janet S. Gore. Notary PlJlIk: 0iI1sbu'g Boro. York COlnty My Commission Expires 0cl25. 2010 Member. Pennsylvania Association of Notaries CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, DAVID HAZEN LOWDERMILK, a beneficiary of the Last Will and Testament of GRACE B. HAZEN, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided to him. The undersigned also acknowledges receipt of his share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. J~ ~ENLOWDERMILK j I STATE OF CALIFORNIA SS. COUNTY OF _~,\iI~"'~1L Onthis,the~ dayof t1.A.arck_ , 2008, before me, a Notary Public, .', -, .1-.1----: -n"'.-1 ~J-'.{:':: ~". .....0..,,'"'T"l'> 11'7 ::lnnp'>TPrlDAVTD HAZEN LOWDERMILK knowIl to me lIlt::: u~ \..lc.t~.Lbl -c.:u u.....1...t\,.....:..~, y_i...._......._.......j --1',r ,-':1.. _ T. " ~.' - - , to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. rr~ NOTARY PUBLIC FRANCINE TANNENBAUM Commission # 1719954 j" Notary Public . California ! Riverside County - t _'~ _ _ ~~~.~~2~:O~1 J CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, TERRY BORDLEMA Y, a beneficiary of the Last Will and Testament of GRACE B. HAZEN, Deceased, hereby consents to the Receipt, Release, Refunding and lndemnity Agreement Concerning Distributi.nn From Estate, a copy of which has been provided to him. The undersigned also acknowledges receipt of his share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. STATE OF NORTH CAROLINA COUNTY OF ~AA/~~' cz. SS. On this, the .-il-:__ dHY of _ fl~ ,2008, before me, a Notary Public, the undersigned officer, personally appeared TERRY L. BORDLEMA Y, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. I Ch a/TI->-<- \-iic-/~ NOTARY PUBLIC ~;..:~___ ':U~'-'iJ ') / 20 / le-Q} "..unIU", ",,,,,,,, ~ t>\ A S f##### ""''''~,x''~''''''''' e: t- ###. ,:; :v.' '. '^..#. ~ <:) .' '.'~ ~ .. . '~T . . cJl ~ : ; \'\ \, I - 1-1 Ii. '. ~ ":It'" ).-.. : : ~~~.... : : ~ . . * - ~ %'. !)USLiC : : ,. ~. ,.... ~ 0'" ." J.l; ~"Yo liD "~.." ..#~ VU,. ........, .-1:--\ . .," CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, KARIN BETH CURRY, a beneficiary ofthe Last Will and Testament of GRACE B. HAZEN, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning DistributIon From Estate, a copy of which has been provided to her. The undersigned also acknowledges receipt of her share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. "t(~. Wi!- ~1l1j- KARIN BETH CURRY STATE OF NEW JERSEY /JJDro5' SS. COUNTY OF / / /h o..roh On this, the _______ day of ~-_----~_-_, 2008, before me, a Notary Public, the undersigned officer, personally appeared KARIN BETH CURRY, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. (~ ~r-- ~OTARY PUBLIC C'l~~~T~-~if\ f\CJS~R3 NOT t~~r/~=: C::F i;;iJlJ J~RSEY M C,~ :,,' ._, r:. "."..-. ';::'~.-'" "5 2017 y Utl1rr;.-.;,JI';...,. .....I-f~.-'...,v v..,!JI....r. r -