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HomeMy WebLinkAbout01-12-09 (7) ESTATE OF CHLOE O. FRY, IN THE COURT OF COMMON PLEAS Deceased CUMBERLAND COUNTY, PENI~YLVAN~ . _~ ~:~ A ORPHANS' COURT DIVISION ~ ~c~ ESTATE NO. 21-08-0890 [.:- ""-- ~- ' _ , c N - .`~ ~ ~ >_ t .+ RECEIPT, RELEASE AND INDEMNIFICATION ~ ` i~ ~ w ,' For Specific Beuuest ~, _ can , 'i'L: r i~.~a i~cGelpi, I~CleilSe gild inUerrlmlleauon ~hCCelnalTer referred t0 aS `~AgCeelTlent") 1J' given this ~ day of _ ¢,yc _ 200? by GERI HOWARD, of 101 Coffmans Point Drive, Mechanicsburg, 17 S~reinafter referred to as `Beneficiary"). PREAMBLE: WHEREAS, CHLOE O. FRY, (hereinafter referred to as "Decedent"), late of Silver Spring Township, Cumberland County, Pennsylvania, died testate on August 27. 2008, having first made a Last Will and Testament, duly executed on January 20, 1995, which is recorded in the Office of the Register of Wills of Cumberland County. Pennsylvania; WHEREAS, Letters Testamentary on the Estate of the said Decedent were duly issued on August 29, 2008, by the Register of Wills of Cumberland County, Pennsylvania, unto Geraldine F. Howard, who by the Decedent's aforesaid Last Will and Testament was appointed as Executrix of the Estate (hereinafter referred to as "Personal Representative"); WHEREAS, the Beneficiary, pursuant to the Decedent's Last Will and Testament, is beneficially interested in the above refereueed estate; and WHF,REAS. it is the desire of the Beneficiary that distribution be made without the tdrmality of an accounting, and the Personal Kepresentative is willing to make such distribution upon the receipt of a proper release and indemnification, which it is the p~upose of this Agreement to provide. NOW, THEREFORE, intending to be legally bound hereby, the Beneficiary represents, warrants, covenants and agrees as follows: 1. Waiver of Accounting. The Beneficiary hereby waives the necessity for an aecotmting and directs the Personal Representative to dispense with a formal audit of the same. Receipt, Release and /ixlemni~uVJou Agreement Page 7 aj3 /including signature page) 2. Receipt. The Beneficiary requests the Personal Representative to make distribution of the following property and effective upon delivery to the undersigned of the property shown as distributable, acknowledges receipt of such property: Bureau in Bedroom Diamond Stud Earrings S-Shaped Diamond Tennis Bracelet Amethyst Sailboat Pendant on Box Chain Omega Symbols Classic 18K Gold Watch w/.44 et. Diamonds 3. Release and Indemnification of Personal Representative. In exchange for the ,^-ersoual Representative's wil'ungness to make the distribution hereunder without first securing the benefit of a formal court audit: a. the Beneficiary does by these presents remise, release, quit-claim and forever dischazge from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, the Personal Representative for or by reason of the Personal Representative's administration of the above-referenced Estate, or any other act, matter, cause or thing whatsoever; and, b. the Beneficiary agrees to indemnify Personal Representative, and hold the Personal Representative harmless, to the extent of any fiends or assets received by the Beneficiary hereunder, from and against the Beneficiary's then pro rata share of any and all liabilities, losses, damages, costs, verdicts, judgments, awards and expenses (including attorney's fees and other costs or expenses of defense) to which the Personal Representative may be subjected by reason of the Personal Representative's administration of the above referenced Estate, as well as the settlement thereof by means of an informal distribution. c. the Beneficiary agrees to waive the provisions of Pennsylvania Rules of Civil Procedure Rule 229.1 (relating to sanctions for failure to receive settlement funds within twenty days after reee~pt of an executed release). 4. Miscellaneous a. The provisions of this Agreement shall be deemed severable in the event that one or more thereof shall be deemed invalid or unenforceable, with the effect that the remaining provisions shall persist as if such invalid or unenforceable provision had never been a part hereof. In addition, the construction, effect, validity and performance of this Agreement shall be governed in all respects by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provision. b. This Agreement shall bind the Beneficiary, the Beneficiary's heirs, representatives, successors, and assigns. Receipt, Reiense nnc! /ndenmificntioi: Agreement Page 2 of 3 (includinK sigiva[ure page) c. The Beneficiary hereby acknowledges that this Agreement may be filed at any time, at the discretion of the Personal Representative or Skarlatos & Zonarich LLP with any court of competent jurisdiction, and the Beneficiary consents to any such filing. d. The headings in this Agreement are solely for convenient reference and shall not be deemed to affect the meaning or interpretation of any section or paragraph hereof; provided, however, that Che Recitals / Preamble of this Agreement shall be incorporated and may be used to interpret any section or paragraph hereof. P~ WITNESS WHEREOF, the Beneficiary has executed and sealed this Agreement on the date first above inscribed. ESS / ~~~,~ GE-~LF HOWARD D Social Security No. ~ ~~ ,3(F, -~<~~ * * % % ]( * * % fr X COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this, the ~ "~ day of ~'Qatt.~~tr , 200, before me, a Notary Public, the undersigned officer, personally appeared (riERALDINE E. HOWARD, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Release, and acknowledged that the Beneficiary executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have set my hand and official Seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal ;~~~`~ -.{y~ Davn MT Cumberland lCAUnb -. "~"""'~'•m !. ~ 1_'._ Silver Spring y+p., Notary Public My Commission Er~lrea Juna 7, 2011 Member. Pennsylvania Assool~eon MNolrrIO My Commission Ex Tres: P ~f,~hiL 7r ~0// Reeelpt, Release acrd Inrlemnificalion Agreement Page 3 of~3 (including signa[arre page)