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HomeMy WebLinkAbout01-15-10~ _. nor 'f i ~ ~ '~ . ~ ~, F~(,~ {;F Lf ' . ~' ~ Al+1 i ~ 2010 JAN 15 AH I I ~ 4~ IN RE: ESTATE OF LINDA S. CHITT[JM, DECEASED '' CLERK CF ORPHF,i~J`S COURT ~.~ , ^J.. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION N0.21-08-0963 RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE THIS AGREEMENT, based upon the circumstances outlined, is entered into with the Executrix by the sole beneficiary; fr~m the date of formalization of her separate Consent: 1. LINDA S. CHIT'I'UM died Testate on September 15, .2008.. 2. Decedent's Will dated May 20, 2008 provided. for various specific and general bequests, and designated Judy L. Hager as Executrix. 3. Said Will was accepged by the Register of Wills of Cumberland County, Pennsylvania for probate on September 26, 2008, and steps necessary to complete the administration we#e undertaken by the Executrix. 4. The.beneficiary desires that the distribution of the assets of the Estate be made without the formality of an Accounting in xhe Orphans' Court Division of the Cumberland County, Pennsylvania Court of Common Pleas, and the Executrix is willing to ;make. this- distribution upon the. execution of this Agreement... 5. The beneficiary desires to forever settle and compromise any and all claims and rights which she may possess, now or hereafter, in the Estate and to confirm her acceptance of the distribution in satisfaction of the bequest contained in the decedent's Last Will and Testament. 6. The beneficiary wishes to release the Executrix and to indemnify her against any and all claims that maybe asserted against the Estate with the Executrix after the date hereof. 7. The Executrix is willing to make a distribution of informal settlement of the Estate in consideration of the indemni fication and agreements hereinafter provided by the beneficiary. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound hereby, jointly and severally, the beneficiary does, for herself, her heirs, personal representatives, successors and assigns, agree as follows: A. Represents and warrants that she has read and she understands this Agreement and confirms that the facts set forth above are true and correct, to the best of her knowledge, information and belief. B. Declares that she has sufficient information to make an informed waiver of her right to a formal accounting with the Court, and does hereby waive the filing and auditing of said formal accounting. C. Acknowledges that the distributive share or amount set forth on the "Accounting" shall be in satisfaction of her entitlement under the Will. D. Releases, remises, quitclaims and forever discharges the Executrix, her heirs, personal representatives, successors and assigns, from and against all claims that she, as residuary beneficiary of the Estate, had, now has, or may in the future have in connection with the Estate. E. Agrees to refund, on demand, all or any part of her shaze of any aforesaid distribution, which has been determined by the Executrix or by the Court, or by any court of competent jurisdiction, to have been improperly made. F. Agrees to indemnify and hold harmless the Executrix, her heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executrix) that may hereafter be asserted against the Estate or against the Executrix. G. Agrees to execute such additional documents as may be necessary to effectuate the agreements set forth herein. H. Acknowledges that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania.. I. Consents to the Court exercising personal jurisdiction over her in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, the beneficiary has set her hand and seal to the Consent attached hereto, to be effective as of the date first above written. t, CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, JUDY L. HAGER, a beneficiary of the Last Will and Testament of LINDA S. CHITT[JM, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided to her. The undersigned also acknowledges receipt of her share of the Estate, as more particularly described in the aforesaid Agreement, including the Accounting, subject to all the terms and conditions specified therein. C.,~ ~Q, JUD L. HA ER COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~~6 SS. On this, the ~~ day of ~`~ , 2010, before me, a Notary Public, the undersigned officer, personally appeared JUDY L. HAGER, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notari 1 Seal. NOTARY P __ A...~- >adaw, "01r~br'~~'~! Mr Cwnn w ~,