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CLERK CF
QRPHAP3'S CQURT
IN RE: ESTATE OF JOSEPH IN THE COURT OF COMMOI~~Sr u~°G ~Q., PA.
FERNANDES OF CUMBERLAND COUNTY, PENNSYLVANIA
N0.2008-01164
RECEIPT AND RELEASE AGREEMENT
The circumstances leading up to the execution of this instrument are as follows:
1. Joseph Fernandes, hereinafter refer ed to as "the decedent", died on October 12,
2008, a resident of Lower Allen Township, Cumberland County, Pennsylvania, leaving a Will
dated October 21, 1985, which was duly probated by the Register of Wills of Cumberland
County on November 21, 2008, as Will No. 2008-01164, and on which Letters Testamentary
were granted the same day to Ronald Cormier, as Executor of the Will of decedent, hereinafter
sometimes referred to as "Executor".
2. A copy of the Will of the decedent has been.provided to the undersigned, a
beneficiary of the decedent's estate.
3. Executor has stated his Account and a copy of said Account is attached hereto. It
is the desire of the undersigned that distribution of her share of the estate be made to her without
the formality of an accounting in the Orphans' Court Division, Court of Common Pleas of
Cumberland County, Pennsylvania, and Executor is willing to make such a distribution upon the
execution and delivery to him of this Receipt and Release Agreement by the undersigned.
The undersigned, in consideration of the foregoing and intending to be legally bound
hereby:
A. Declares that she has examined the attached Account of Ronald Cormier,
Executor of the Will of the decedent, that she finds it to be true and correct in all particulazs, and
that she accepts and approves it with the same force and effect as if it had been duly filed with,
audited, adjudicated and confirmed absolutely by the Orphans' Court Division, Court of
Common Pleas of Cumberland County, Pennsylvania, and as if the amount shown as
distributable had been duly awarded to the undersigned;
B. Waives an audit of the Account and of the administration of the estate by the
Orphans' Court Division, Court of Common Pleas of Cumberland County, Pennsylvania, and
requests Executor to make final distribution of the balance of principal and income to her in
accordance with said Account and in conformance with the decedent's Will;
C. Acknowledges receipt of the following final principal distribution in full
satisfaction of all his remaining right, title and interest in and to the principal of the estate of
decedent: $1,723.48.
D. Does absolutely and irrevocable remise, release, quit -claim and forever discharge
Ronald Cormier, individually and as Executor of the Will of the decedent, his heirs, executors,
administrators, successors and assigns, of and from any and all actions, reckonings, liabilities,
claims and demands relating in any way to the estate of decedent;
E. Agrees to refund to Executor any amount which may at any time be determined to
have been an erroneous distribution to her regardless of the cause of such distribution, and agrees
that any period for the limitation of actions for the collection of any erroneous distribution shall
commence only at such time as Executor shall have obtained actual knowledge of such erroneous
distribution and that in no event shall the period for collection of any erroneous distribution be
less than two years after the actual discovery thereof;
F. Agrees that the Orphans' Court Division, Court of Common Pleas of Cumberland
County, Pennsylvania, may, by its Decree, confirm the said Account and discharge Executor;
G. Agrees to indemnify and save harmless Ronald Cormier, as Executor, or in his
individual capacity, or both, against all liability, loss or expense (including but not limited to
costs and counsel fees) as a result of this settlement of the Account and the distribution, as herein
referred to, made by them pursuant to this instrument and without the filing, audit, adjudication
and confirmation of their Account; and
H. Declares it to be her intention that this instrument by governed by the laws of the
Commonwealth of Pennsylvania, and that it shall be legally binding upon her heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand and seal the day
and year set forth below.
Date: a~
S irley F des t. ie
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COMMON TH OF MASSACHUSETTS
COUNTY OF ~/~ ~ SS.
On this, the day of ~~~ ~~~ , 2009, before me, a Notary Public in
and for the said State and County, personally appeazed Shirley Fernandes St. Pierre, known to
me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing l~cceipt
and Release and acknowledged that she executed the same for the purposes therein contained and
desires that the same be recorded as such.
WITNESS my hand and seal.
Notary Public