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Home My WebLink About01-12-09 (8)ESTATE OF CHLOE O. FRY, IN THE COURT OF COMMON PLEAS Deceased CUMBERLAND COUNT`(, PENNSYLVANIA N ORPHANS' COURT DIVISION n ~ _.. ~?~ ESTATE NO. 21-08-0890 `=~ r =« -, ~ ~~ _~ .~ rYl -~ ~f-~ ~~ N RECEIPT, RELEASE AND INDEMNIFICATION _~ -v For Specific Bepuest - ~ -~ '_ `~ .'i7 (`J ~ "~ 3> N This Receipt, Release and Indemnification (hereinafter referred to as "Agreement") is given this ~+!' day of _[~ [.e.m he / , 2008, by JENNIFER HENSLEY, of 216 Windy Hills Dr.~-e, Axiilmingtoa, Nor!h Carolina, 28409, (hereinafter ref trod 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 Wi11s of Crnnberland 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 Cumberltu~d 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 referenced estate; and WHEREAS, it is the desire of the Beneficiary that distribution be made without the formality of an accounting, and the Personal Representative is willing to make such distribution upon the receipt of a proper release and indemnification, which it is the purpose 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 Accountin . The Beneficiary hereby waives the necessity for an accounting and directs the Personal Representative to dispense with a formal audit of the same. --- _. __ _ _ --_ Receipt, Release anc! brdenvuJic•atian Agreemerr! Page 1 aj-l lincl:~ding .cignan~rc 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: CASH: $5,000.00 Pear Shaped Garnet Pendant w/.4 ct. Diamonds The Beneficiary does further acknowledge that the aforesaid distribution represents the Beneficiary's entire interest in the above-referenced estate. 3. Release and Indemnification of Personal Renresentative. In exchange for the Personal Representative's willingness 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 discharge 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 funds 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 receipt of aim executed release). 4. Agreement to Refund Distributions Unon Re_guest of Personal Renresentative. The Beneficiary further agrees to: a. refund or return, promptly upon the Personal Representative written demand, any funds or assets distributed by the Personal Representative to the Beneficiary, if the distribution thereof is determined at any time to have been an erroneous or negligent distribution to the Benefciaryy, whether such error or negligence was or was claimed to have been premised upon a mistake of law or of fact; and, Receipt, Release anr! Indemnification Agreement Page 2 of 4 (ine&edrng signature page) b. modify and displace any otherwise applicable period limiting the time within which the Personal Representative's action to collect an erroneous or negligent distribution must be commenced, so as to provide that the Personal Representative need not commence an action to collect an erroneous or negligent distribution to the Beneficiary until two (2) years after such time as the Personal Representative shall have obtained actual knowledge of such error or negligence. 5. Release and Indemnification of Skarlatos &Zonarich LLP. [n exchange for the Personal Representative's willingness 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 discharge from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever, Skarlatos & Zonarich LLP, its employee ~ successors. and assigns, for or by reason of their representation of the Personal Representative, or any other act, matter, cause or thing whatsoever; and, b. the Beneficiary agrees to indemnify Skarlatos &Zonarich LLP, its employees, successors and assigns, and hold them harmless, to the extent of any funds 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 Skarlatos &Zonarich LLP, its employees, successors and assigns may be subjected by reason of their representation of the Personal Representative. 6. 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. 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 competentjurisdiction, and the Beneficiary consents to any such filing. Receipt, Release and /nrlemnifrcatinn Agreement Page 3 of 4 (including signature page) 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 the Recitals / Preamble of this Agreement shall be incorporated and may be used to interpret any section or paragraph hereof. IN WITNESS WHEREOF, the Beneficiary has executed and sealed this Agreement on the date first above inscribed. ~-~ WI SS JEIJ~i E ENSLEY Social Security No. __~~,..~~ ~- ~~LY~-t, * ~F * % it * % ac it STATE OF NORTH CAROLINA COUNTY OF SS: On this, the~~~1 day of -!,~~~~~i(,~1~/v 2008, before me a Nota the undersigned officer, personally appeared JENNIFER HENSLEY, known t ryme b(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 rticial Sea/lJ !` (~ l,'( My Comm Expires: ,~~'/~ Receipt, Release and lndemnificntion Agreement Page a oj4 /including signature page)