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HomeMy WebLinkAbout05-03-10 (3)t• s f LARMORE, SCARLETT, MYERS & TEMPLE BY: L. PETER TEMPLE, Esquire Post Office Box 384 Kennett Square, PA 19348 Attorney for: Executor -Attorney I.D. #17573 THE COURT OF COMMON PLEAS OF CUMBERLAND CO., PEN1~f SYL~~'ANIA ORPHANS' COURT DIVISION ~~.~ c~:} ~-, ,___ TATE OF ROSE A. LEMKE, DECEASED ~ ~~ ~' FILE NO. 21-08-1117 .:_; ~~ ~ _~_T _ __ _f __ .`LJ ~» t ~ _ _.7 RECEIPT, RELEASE AND REFLTNDII'~1G BOND ~ J ('~`_ KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, as beneficiary under the Will of ROSE A. LEMKE, do hereby acknowledge that I have received from JOHN D. LEMKE, Executor of the Estate of ROSE A. L,EMKE, deceased, distribution to me of my share of the residue of said Estate. I do hereby release JOHN D. LEMKE, his heirs and assigns, from all acts, claims, demands anal. accountings whatsoever I now have or may have against said Executor or against the Estate of ROSE A. LEMKE, with respect to this distribution. '~, In consideration of this distribution, I do hF~reby: a. Declare that the Informal Accounting ~of this Estate has been examined; that it is acceptable and approved as if it had been duly -filed, audited, adjudicated and confirmed absolutely by the Court having jurisdiction over the estate. b. Waive the filing and auditing of the accounts of the administration of the Estate in the court having jurisdiction over the estate and agree that the court having jurisdiction may by it decree confirm the account>. ~.,. c. Request the above named Executor make distribution of the principal and income of the estate in accordance with the within mentioned account and effective upon delivery to me of the amount shown as distributable, acknowledge receipt of such property. d. Agree to refund to the Executor any amount which may at any time be determined to have been an erroneous distribution to me, regardless of the cause of such distribution. Agree that any period for the limitation of actions for the collection of any erroneous distribution to me shall commence only at such time as JOHN D. LEMKE, 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 ;more than two (2) years after the actual discovery thereof by JOHN D. LEMKE, Executor. e. Absolutely and irrevocably remise, release, quitclaim and forever discharge JOHN D. LEMKE in his capacity as Executor ~of the Estate of ROSE A. LEMKE, deceased, from any and all actions, suits, payments, accounts, reckonings, liabilities and demands relating in any way to the administration of this estate as i~t has been disclosed to me in the Accounts. f. Agree to indemnify and hold harmless, to the extent of the funds received by me, JOHN D. LEMKE in his capacity as Executor of the Estate of ROSE A. LEMKE, and individually, from and against any and all claims, loss, liability or damage (including legal fees and costs) in connection therewith which she may suffer or to which he maybe subjected by reason of his administration of the Estate, settlement of the account and the distribution of the assets of the Estate without having the formal approval of the court having jurisdiction over the estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,~_~day of 1 WITNESS: _.~ .~., ~ .. , _.. ~.. .. ,~.~r TIMOTH A. LEMKE