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HomeMy WebLinkAbout04-29-10 (3)~ ~~ IN THE COURT OF COMMON PLEAS ESTATE OF LINDA J. BERRY CUMBERLAND COUNTY, PENNSYLVANIA ~~ Deceased ORPHANS COURT DNISION CJ.~ ~ ~ -., . -'. N0.2009-1047 iT, ~, ~ ;~.'..; a, - r-- , ~ ,~ ..: WAIVER OF ACCOUNTING, RECEIPT, RELEASE AND _.... . :t..Tc APPROVAL OF DISTRIBUTION TO BENEFICIARY :.~ -~' ~ J . ~-a WHEREAS, Linda J. Berry (the "Decedent") died testate on August 25, 2009, leaving a Will which was duly probated by the Register of Wills of Cumberland County, Pennsylvania on November 9, 2009; and WHEREAS, Decedent's Will appoints her husband, Jonathan C. Berry, as Executor of Decedent's Estate (the "Executor") and bequeaths to him her entire estate; and WHEREAS, Letters Testamentary were duly granted to Jonathan C. Berry on November 9, 2009; and WHEREAS, the undersigned Beneficiary is aware of all transactions that have occurred during the administration of the Estate as he has acted as Executor and desires that the Estate be concluded without the expense and formality of an accounting; and WHEREAS, the Executor is willing to consent to such a conclusion of the Estate upon receipt of a proper receipt and release from the beneficiary, which it is the purpose of this Agreement to provide. NOW, THEREFORE, the undersigned Jonathan C. Berry (the "Beneficiary"), for himself, his heirs, personal representatives and assigns: (1) Directs that all estate assets be distributed to the Beneficiary. 772537.1 .?~ (2) States that he is familiar with all transactions occurring in the Estate and approves 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) Waives the Executor's preparation of a formal accounting and the filing and auditing of a formal accounting by the court having jurisdiction over the estate. (4) Acknowledges receipt from the Executor of all assets of the Estate. (5) Does hereby absolutely and irrevocably release, remise, quitclaim and forever discharge the said Executor, his 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) Does hereby absolutely and irrevocably release the Executor 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 Decedent. 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 i~p~; ~ , 2010. WITNESS: (SEAL) onathan C. Berry -2- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF `~~P~ t On this, the F day of , 2010, before me, a Notary Public, in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared JONATHAN C. BERRY, 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. s ' (-eti~G~.! (SEAL) otary blic My Commission Expires: ~/~- 3 ~~~- (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holiy P. Siekerman, Notary Public Lower Swatara Twp., Dauphin County My Commission expires Aug. 23, 2012 Member, Pennsylvania Association of Notaries