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HomeMy WebLinkAbout02-04-09ESTATE OF CHLOE O. FRY, Deceased IN THE COURT OI'' COMMON PLEAS CUMBERLAND (`OLINTY, PEN~YjLVAN~ .~ ORPHANS' COURT DIVISION ~ ~ ~ ESTATE NO. 21-08--0890 ~ ~ ~. `'~ O ~L7 ~ _ RECEIPT, RELEASh: ANU INDE19l~ts~'i(:A7'ION ;~ -. For Specific Ffe nest ~~ ~' ~ un -~-~ ,s_, , :. ~`7 ~ t -~ ~.. tai _:. ~L~ r: ~ -~.} .s. _. 3 -} ;:.; This Receipt, Release. and Indemnification (heren~~~fter r I~rred to as Agreement) is given . _ __ .U '~ i.,; ~ uay iii a.v~Afi. L t' ~~.' 'r f1.,t.l .P t'~. i''N ~i~.i1, ~ ~: .. jJ. iii):: ! ' ~`~I'- - :~teamhoat Springs. Coli~rado, 80177, (hereinafter referred to as `'F3enekiciary"). '~ PREAMBLE: WHEREAS, CHI,OE O. FRY, (hereinafter referred to as "Decedent"), late ~f Silver Spring To:~nship. Cumberland County, Pennsylvania, died testate on ,lugust 27. ''008, ha~~ins t,rst m,~~~~ t: t ast Will and 'I"estament, duly executed on January 20. 1995, ~~~~,ich zs reet~rded in ~he t)ri~;:~ ~~~ t?~;: kez~~ster of Vl-'ills of Cnn~il~erland Count~_ }'erinsvlvama; ~~ III_:PEAS. Letters ~l~estantentarv on the l~state of :he spud Decedeia ,~~c~~cf ~it~~.~ ~~::~~! ~~7, ~~~igust ?~%.:?O0$, by the Register of Wills of Cw~?herla~id County, Pennsyl~-aria. unto Cieraidine i=. Howard, who h~ the. Decedent's aforesaid Last Will ~~id Testament ~~~as apppintec~asExecutrix of the Estate (hereinafter refen-ed to as '`Personal Representative"); ~~ WHEREAS, the Beneficiary, pursuant to the Decede~~t's Last WiU an~! Testament, is beneficially interested in the above referenced estate; and '~~ ~UHF;REAS, it is the desire of the Beneficiary that distrihui~on be made witl~ic~ut the formality of an accounting, and the Personal Representative is willing to ma(a such distrib~.ition upon ti~te re~_eipt ~~ a ji:t)(.1ei I'ric;ase diiC~ 71TiiemllillCailoll, w11!C~i it IS i17e pUi~pOSe Of ihi~; Agreement t0 provide. NUW, `I'FIEREFORE. intending to be legally hound '~erebv, the 13enetir~iar~~ represent<. warrants. co~e.nanrs and agrees as follows: 1. V'/ai~°er_of ~__ccountin~~.. "The I3~nef~~i~r,, I;;;reb_~~ v~ ~~~~~ rt,r~n~~~:;~;it~~ for yin ~1CCOLlntUlg tlril~~d~t'eC1S t~1e PE.rSOllal Repl'eSeilldtlVe ~.:? Ci]51?C:n~~- `dvlti~l a iC)?"1~1?~1i <al:iilt Ui th£ 53m C . Receip,'. ,ttelease and Inderrrnr~cu,iorr .9rreement 1'~~ge / oi~ ti ib;~•I7r~li~7~ xi;~i7otur~ /~ot;~) 2. Recei~. The Beneficiarv requests she Personal Representative to make distribution of the following propert~~ ~u1d effective r.ipos~ ~i~livery to the undersigned of the property shown as distributable, acknowledges receipt. of such property: Tennis Bracelet 8.46 et. Diamonds w/Tennis Bracelet 4 ct. Diamonds w/Amethyst Tennis Bracelet made into one Bracelet 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 ali ac~ion.>, suits. payments, accouri~s, 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. Miscellaneous. a. The provisions of this Agreement shall he 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 acla~owledges that this Agreement may be f led 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 Receipt, Release acrd lnderrvrificatian A~reenrerrl Page ~ ~f 3 (inclvc~ing signcrirn-e pugcr/ 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 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 ESS STATE OF COLORADO COUNTY OF ~~ ~~ ~ t SS: 5'G6 -s6-8~9a3 ~C~EEN. A ; Cp9~ ~'rIOTAR Y ~`~~' ~•~1~ ~.,pUBLIC ~~~QQ I~~ _ ... _nP"~ My Comm. Expires Nov. 21, 2012 ~. On this, the f~ day of ~p~~L ~Z~ _, 200, before me, a Notary Public, the undersigned officer, personally appeared VALERIE PEREA, 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. r 0~ ~r - '~ ~~~~ --~--- Notary Public My Commission Expires: ~ ~ ~ 1~~ /// r ~ _ ^ ____~ VALERIE PEREA Social Security No. 7C X K X X X X 7C X X Receipt, Re/ease cmrl Indemnification Agreement Page 3 of 3 (including signature page)