HomeMy WebLinkAbout05-13-09~ ~~ IN THE COURT OF COMMON PLEAS
ESTATE OF DEAN H. FAILOR CUMBERLAND COUNTY, PENNSYLVANIA
Deceased ORPHANS' COURT DIVISION ~;
N0.2008-01050 cp :~ -
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WAIVER OF ACCOUNTING, RECEIPT, RELEASE AND r-:s~y3`- ~ ~
APPROVAL OF DISTRIBUTION TO BENEFICIARY `~`"~ ~ _
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WHEREAS, Dean H. Failor (the "Decedent") died testate on October 9 , 2008,
leaving a Will which was duly probated by the Register of Wills of Cumberland County,
Pennsylvania on October 20, 2008; and
WHEREAS, Decedent's Will appoints Decedent's sons, Donald E. Failor and John
R.. Failor, as Co-Executors of Decedent's Estate (the "Co-Executors") and bequeaths to them the
entire estate; and
WHEREAS, Letters Testamentary were duly granted to Donald E. Failor and John
R. Failor, on October 20, 2008; and
WHEREAS, the undersigned Beneficiaries are aware of all transactions that have
occurred during the administration of the Estate as they have acted as Co-Executors and desire that
the Estate be concluded without the expense and formality of an accounting; and
WHEREAS, the Co-Executors are willing to consent to such a conclusion of the
Estate upon receipt of a proper receipt and release from the beneficiaries, which it is the purpose of
this Agreement to provide.
NOW, THEREFORE, the undersigned Donald E. Failor and John R. Failor (the
"Beneficiaries"), for themselves, their heirs, personal representatives and assigns:
726117.1
(1) Direct that all estate assets be distributed to the Beneficiaries in accordance
with the attached Schedule of Distribution.
(2) State that they are familiar with all transactions occurring in the Estate and
approve said transactions (and the administration of the estate generally) as though they were
contained in a formal accounting which had been confirmed absolutely by the Court having
jurisdiction over the Estate.
(3) Waive the Co-Executors' preparation of a formal accounting and the filing
and auditing of a formal accounting by the court having jurisdiction over the estate.
(4) Acknowledge receipt from the Co-Executors of the assets shown as being
distributed or distributable to them on the attached Schedule of Distribution and approve the
distributions to the other as stated therein.
(5) Do hereby absolutely and irrevocably release, remise, quitclaim and forever
discharge the said Co-Executors, their heirs and personal representatives, of and from all actions,
suits, payments, accounts, reckonings, claims and demands whatsoever relating to the Estate of the
said Decedent.
(6) Do hereby absolutely and irrevocably release the Co-Executors from filing
any Account, Petition for Distribution or other document with the Court of Common Pleas of
Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the
Lecedent.
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(7) Do hereby agree to refund to the Co-Executors his share of any distributions
fi~om the estate if the Executors conclude that such sums are needed for the proper administration of
the Estate.
(8) This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
This instrument shall be legally binding on the undersigned and their personal
representatives, heirs and assigns.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the
_~ day of , 2009.
WITNESS:
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(SEAL)
Donald E. Failor
(SEAL)
John R. Failor
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(7) Do hereby agree to refund to the Co-Executors his share of any distributions
from the estate if the Executors conclude that such sums are needed for the proper administration of
the Estate.
(8) This Agreement may be executed in several counterparts, each of which
shall be an original and all of which shall constitute but one and the same instrument.
This instrument shall be legally binding on the undersigned and their personal
representatives, heirs and assigns.
IN WITNESS WHEREOF, the undersigned have executed this Agreement on the
d ~ day of ~~Anrua2y , 2009.
WITNESS:
(SEAL)
Donald E. Failor
~ ~ • ~~ ~ (SEAL)
Jo R. Failor
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF `-~ `'-~-. ° ~^'
SS:
On this, the ~-4 day of ~~^-~ . , 2009, before me, a Notary Public, in and
for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared DONALD E.
FAILOR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Agreement and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~. ~ C-~1.~` (SEAL)
Notary Pu lic
My Commission Expires:
(SEAL)
L'OIV114iO~~liiVEAti'H OF PENNSYLVANIA
Notarial Seal
{;indy L. a_eiizel, Notary Publ'~c
Ciiy Ot Harrisburg, Dauphin County
My Commission Expires Dec. 2, 2010
Member, Per~s~!vrni a Afis~+~dation of Notaries
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF ~~.~ ~ ~~~~,~~
On this, the9/~ day of,~~, 2009, before me, a Notary Public, in and
for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared JOHN R.
FAILOR, known to me (or satisfactorily proven) to be the person whose name is subscribed to the
within Agreement and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
Notary Public -
My Commission Expires:
(SEAL) COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
ANN FREHN, NOTARY PUBLIC
CARIiSIE BOROUGH, CUMBERLAND COUNTY
MY COMMISSION EXPIRES APRIL 16, 2012