Loading...
HomeMy WebLinkAbout08-25-10 ESTATE OF HELEN E. MILLER CUMBERLAND COUNTY, PENNSYLVANIA ESTATE N0. 21-09-1003 r._, ~:-..} JOY M. HAMSHER AND CINDY M. EVANS, CO-ExECUTRI~S ~--~- ' _ ~: <~ ``~ WAIVER OF ACCOUNT, RECEIPT, .~~~--E;'~_-~_~ c-'~ ~ -; "- c~r~ r.~ ~4 RELEASE AND AGREEMENT OF INDEMNITY ~'~f- C.1'1 ,.. . _. n~ ::.~ I, CINDY M. EVANS, the undersigned, a residuary beneficiary ri--the :rt above-captioned estate, have periodically received and examirl~d~{ stag- ~' `~-~' Y. menu of income and principal cash receipts and disbursements or havc~- been afforded an opportunity to examine a final accounting, being informal or otherwise, and have agreed to waive an accounting of the administration of the subject estate or the filing of such an account for court audit. Therefore, the undersigned, intending to be legally bound and in consideration of the immediate termination of the subject estate and distribution to the undersigned of the corpus thereof, without the delay incident to the preparation and submission of an accountinq_ of the administration of the estate as aforesaid, hereby: A. Represents and warrants that the undersigned has read and under- stands this instrument and that the facts set forth above are true and correct to the best of the undersigned's knowledge, information and belief. B. Waives the filing of an accounting of the administration of the estate before the court having jurisdiction over this estate. Declares that the undersigned has received and examined the periodic statements of income and principal cash receipts a:nd disbursements or has been afforded an opportunity to examine a final accounting, being informal or otherwise. The undersigned finds them to be correct in all particulars and accepts them and approves them, as if a complete income and principal accounting had been duly filed, audited, adjudicated and confirmed abso- lutely by the court having jurisdiction over this estate. C. Requests the above-named fiduciaries to make distribution o:f the balance shown on the attached sheet and, effective upon delivery to the undersigned of the amount shown as distributable, ac]~nowl- edges receipt of such property. D. Agrees to refund to the above-named fiduciaries any amount which may at any time be determined to have been an erroneous disi~ribu- tion to the undersigned regardless of the cause of such erroneous distribution. Agrees that any period for the limitation of actions and the collection of any erroneous distribution to the undersigned shall commence only at such time as the above-named fiduciaries shall have obtained the actual knowledge of such erroneous distribution and that in no event shall the period for collection of an erroneous distribution be less than two (2;~ ~ years after the actual discovery thereof by the above-named_ fiduciaries. E. Absolutely and irrevocably remises, releases, quit-claims and forever discharges the above-named fiduciaries, in their fidu- ciary and individual capacities, from any and all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the estate. F. Agrees to indemnify and hold harmless, to the extent of the funds received by the undersigned hereunder, the above-named fiducia- ries, in their fiduciary and individual capacities, from anal against any and all claims, losses, liability or damage (in.clud- ing legal fees and costs in connection therewith) which the above-named fiduciaries may suffer or to which the above-named fiduciaries may be subjected by reason of their administration of the estate, the settlement of their account and a distribution of the assets of the estate without having the formal approval of the court having jurisdiction over this estate. G. Declares it to be the undersigned's intention that this instru- ment shall be governed by the laws of Pennsylvania and shall be legally binding as an agreement upon the undersigned and upon the undersigned's heirs, executors, administrators, successors and assigns. Executed thi s da of ~ ~ ~° 2 010 . Y ,..,,- ~~ (SEAL) CINDY~,M_ EVANS COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this , the ~ ~p~j day of ~ (,~~ (15~~' 2 010 , before me, the undersigned officer, personally appeared CINDY M. EVANS, known to me (or satisfactorily proven) to be the person whose name is :~ub- scribed to the within instrument and acknowledged that he/she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have her. unto set my hand :and official seal. Notary Public My Commission Expir ARLENE E. VOGT NOTARY PUBLIC OF NEW JERSEY ~'[Y COMMISSION EXPIRES 1/4/2015 ESTATE OF HELEN E. MILLER CUMBERLAND COUNTY, PENNSYLVANIA ESTATE N0. 21-09-1003 JOY M. HAMSHER AND CINDY M. EVANS, CO-EXECUTRICES I, CINDY M. EVANS, acknowledge receiving the following cash. and/or assets, in satisfaction of my rights under the estate: 8/4/10 - $24,470.70