Loading...
HomeMy WebLinkAbout01-12-09 (9) ESTATE OF CHLOE O. FRY, IN THE COURT OF COMMON PLEAS Deceased CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ,,,, ESTATE NO. 21-08-0890 c~ ': ~~ ~ ~<< RECEIPT, RELEASE AND INDEMNIFICATION "~r' ra For Specific Bepuest ~ ' ~ `? --n , - -:_ Z - -_; This Receipt, Release and Indemnificat~n (hereinafter referred to as "Agr`e'ement") riven this ~ day ofd-+~.. , 200 , by DORIS DOMASK, of 4327 Greenwich Circle, Sacramento, California, 95823, (her aner(her $er 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 fu-st 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 cn 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 Benefciary, 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 dispei;se with a formal audit of the same. ---- Receipt, Release aad /ndemnificatio« Agreement Page 7 of d (including signa(ure 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: $15,000.00 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 Representative. 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 an executed release). 4. Agreement to Refund Distributions Upon Request of Personal Representative. 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 Beneficiary, whether such error or negligence was or was claimed to have been premised upon a mistake of law or of fact; and, Receipt, Release and Lnlemnificalion Agreement Page Z of ~$ (ine[udrng 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. 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, Skarlatos &Zonarich LLP, its employees, 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 x 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. o. 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. Receipt, Release and Indemnrfterrliaa 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. -- - _ ~o'Ced 7J.B WITNESS DORIS DOMASK Social Security No~~O ~- /g _ ~ ~ rL STATE GF CALIFORNIA COUNTY OF SS: On this, the." of , 20 or~ , a Notary Public, the undersigned officer, persona ap eare Hmown to me (or satisfactorily proven) to be the person whose name ~ subs o th within Release, and acknowledged that the Beneficiary executed the same for th o s therein contained. IN WITNESS W OF, I have set my ha and official Seal. L- ,-. Notary Public My Commission Expires: ~ - Receipt, Release and Lu[emnrficnlion Agreemen! Page 4 oj-1 (including signature page) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT - -z- -n State of California 1 County of ~ ~! ~~-(.c Ir(Ry.~ct_.~ ~/ 1L On % - ~ ~ ~' ~ before me, G r ~^-zLti T~ personally appeared LINDA J. i1MMi CommWbn s 179013 Notory -ubl~ - CdMOtNO tocromeMO CawMy~ Came bJUr! Place Notary Seal Above iC_ who proved to me on the basis of satisfactory evidence to be the person(s~whose name is/are subscribed to the within instrument and acknowledged to me that laelshe/they executed the same in his/her/H~eirauthorized capacity(ies), and that by t~is/herftlreir signature(s) on the instrument the persol~ or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m nd and offi~ia seal. Signature ignai ublic OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document ~~77 ~ ~ ~~ Title or Type of Document: ,p- ..x.t~i ~ q 1 - ~ ~~ ,. a ~ Document Date: ~~~_ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Si ner's N 'S ~Q ~ 6~"~G ~ Zi g - ame: ( i Signer's Name: ~dividual _ ^ Individual _ ^ Corporate Officer-Title(s): ^CorporateOfficer-Title(s): ~_ Partner-^ Limited ~: General _ _ _ CI Partner-lJ Limited ~J General _ C Attorney in Fact '~ Attorney in Fact • • f I Trustee Top of thumb here Top of thumb here Trustee ~ Guardian or Conservator ^ Guardian or Conservator ^ Other. G Other: Signer Is Representing: Signer Is Representing: ©200]National NOlar Association•9350 De Soto AVe.,PO.Box 2402• -. ~ v-~-.~-..--vww~w~-n,,wwx y Chatsworth, CA 91313-2402•www.NationalNOtary.org Item M690] Beortleo Call TOll-Free 1-800-676-682] kl~t ~ ;...... w. ` r ,~ G-QV-S i e :.~~.. yttsuO~ ,1 r.•nc:~^r r t:~.:: I i :lA .~x.xr.