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HomeMy WebLinkAbout11-04-10 (2)tr - ` Fes:, :~~: f- ~~_ -- ~ ~:.~ :b _ :~ _ d::' ~ - __ .--, _ _ = ,~~ ~- ; AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE THIS AGREEMENT, by and among Marianne Dell, Executrix of the Estate of Rudolph J. Tezak, Robert J. Tezak, Thomats M. Tezak and Marianne Dell, beneficiaries of the Estate of Rudolph J. Tezak. WHEREAS, Rudolph 3. Tezak died November 30, 2008, testate, a resident of Cumberland County, Pennsylvania; and WHEREAS, the Last Will and Testament of Rudolph J. Tezak dated January 21, 1980, was duly probated in the Office of the Register of Wills of Cumberland County, Pennsylvania as appears of record at Number 21-09-0079 (a copy of the Will is attached hereto and marked Exhibit A); and WHEREAS, Letters Testamentary were issued to Marianne Dell on January 23, 2009; and WHEREAS, said Executrix has duly administered the estate according to the laws of the Commonwealth of Pennsylvania; and WHEREAS, in Item III of his Wi11, decedent directed Executor to give, devise and bequeath all of his estate of every name and nature and wheresoever situate to his children who survive him, in equal shares; and WHEREAS, Robert J. Tezak, Thomas M. Tezak and Marianne Dell are the surviving children of the decedent; and WHEREAS, Robert J. Tezak, Thomas M. Tezak and Marianne DeII have been furnished with a complete listing of the estate assets, receipts and disbursements; and WHEREAS, it is the desire of the parties to this Agreement that final distribution of this estate be accomplished without a formal accounting to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense, delay and publicity of a formal accounting. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. The beneficiaries do hereby release and forever discharge the Executrix, from any and all liability which she had or may have or which may from time to time arise in connecrion with her service as Executrix of the Estate of Rudolph J. Tezak, Deceased, and hereby authorize and request the Orphans' Court Division to charge the same against their shares of said estate, and in consideration for said distributions, hereby agree to refund any amounts so distributed which may be required to fully discharge any tax liability of the estate, debts of the decedent, or administration expenses. 2. The parties to this Agreement acknowledge that this Agreement shall be indexed and recorded in the estate proceedings and that the terms hereof shall be binding upon his or her respective heirs, successors, executors, administrators and assigns. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. DATED this ,~ ~_ day of , 2010. WITNESS WITNESS WITNESS ti ~ ~ ~~~U~ Ike. .~.e .~L'=~ `~ p~/.7aio NOTARIAL SEAL MARGARET A. DARHOWER, NOTARY PUBLIC CARLISLE BORO, CUMBERLAND COUNTY PA MY COMMISSION EXPIRES OCTOBER 27, 2012 Marianne Dell, ExecutorBene~iciary Robert J. Tezak, Beneficiary 1 ~'~ '., Thomas M. Tezak, Bene ~ciary