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HomeMy WebLinkAbout01-25-11 (2)_ __ ___ _~., ~C~' ,i ~ i ~+i'~(+ L ,, IN THE ORPHANS' COURT DIVISION ~~.f I I ~~~~ ~~ ~` Ity',: ~ OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CL~RfS QF ORPNRN`~ ~~}IJRT ESTATE OF ANNA R. HIZER, DECEASED Cl1ME?rR1.'A~D ~~ ~ PA No. 2009-00620 WAIVER, RECEIPT, RELEASE, AND AGREEMENT OF IlVDE11rIl'~I~Y The circumstances leading up to the execution of this instrument aze as follow: 1. Anna R. Hizer died on June 20, 2009, leaving a Will dated June 24, 175, naming Mary L. Cibroski and Nancy H. Weimer as Co-Executrices. ', 2. Letters Testamentary were granted to Mary L. Cibroski and Nancy H. I~'~Wieimer by the Register of Wills of Cumberland County on July 2, 2009. 3. It is the desire of the Anna R. Hizer heirs that the Estate be distributedl,w~thout the formality of a court proceeding in order to save the expense, publicity, and delay fin~ident to such court proceeding, and the Co-Executrices aze willing to make such distribution lupon the execution of this instrument. 4. An informal accounting of the administration of the Estate of Anna R. ~Ii~er has been prepared and examined by the Co-Executrices and sole heirs. 5. In consideration of the foregoing, each of the undersigned hereby: A. Represents and wazrants that she has read and understands this fn.~trument and that the facts set forth above are true and correct to the best of her knowledge; information and belief; -1- I ~. ._ ~_ B. Declares that she has examined the informal account of the administration of the Estate, that she finds it to be true and correct in all particulars; that she accepts and approves it as if it had been duly filed, audited, adjudicated and confirmed absplutely by the Orphans' Court Division of the Court of Common Pleas of Cumberland Count, end as if the amounts shown as distributable had been duly awarded to her; C. Waives the filing and auditing of the account of the adminis~ra~ion of the Estate in the Orphans' Court Division of the Court of Common Pleas of Cumb~rl~nd County; D. Requests the Co-Executrices to make distribution of the re~iiting principal and income, and effective upon delivery to her of these amounts, acknowledge$ receipt; E. Agrees to refund to the Co-Executrices any amount which in'lay', at any time be' determined to have been an erroneous distribution to her, regardless of the pause of such erroneous distribution, even if attributable to negligence, and agrees that any p~rigd for the limitation of actions for the collection of any erroneous distribution shall comn~en~ce only at such time as the Co-Executrices shall have obtained actual knowledge of such ~rrcbneous 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. Absolutely and irrevocably remises, releases, quitclaims andlfo#~ever discharges Mary L. Cibroski and Nancy H. Weimer, individually and in their gap~city as Co- Executrices, from any and all actions, suits, .payments, accounts, reckonings, li~b~lities, claims and demands relating in any way to the administration of the Anna R. Hizer Es~at~; G. Agrees to indemnify and hold harmless, to the extent of the $un~ds received by her hereunder, Mary L. Cibroski and Nancy H. Weimer, individually and i~ their capacity -2- as Co-Executrices, from and against any and all claims, loss, liability or damage' (including legal fees and costs in connection therewith) which they may suffer or to which they may be subjected by reason of their administration of the Estate, the settlement of them Go- Executrices' account and the distribution of the assets of the Estate without hawing the formal approval of the Orphans' Court Division of the Court of Common Pleas of Cu~niberland County, including, but not limited to, any liability for any federal estate tax, Peennsylvania inheritance tax or any other death taxes, together with interest and costs incide~t~l thereto, relating in any way to the Estate; and H. Declares it to be her intention that this instrument, consistinlg ~f three pages, shall be governed by the law of Pennsylvania and shall be legally binding as a~ a~z~eement under seal upon her and upon her heirs, executors, administrators and assigns.' I. This agreement may be executed in counterparts. Executed on: ~~ ~ 9' l ~ ', (Seal) DATE MAY . CIBROSKI (Seal) DATE NANCY H. WEIMER as Co-Executrices, from and against any and all claims, loss, liability or damage'~(including legal fees and costs in connection therewith) which they may suffer or to which they may be subjected by reason of their administration of the Estate, the settlement of them Co- Executrices' account and the distribution of the assets of the Estate without ha~in~g the formal approval of the Orphans' Court Division of the Court of Common Pleas of Cu~nblerland County, including, but not limited to, any liability for any federal estate tax, P~n#isyli~ania inheritance tax or any other death taxes, together with interest and costs incide~tall thereto, relating in any way to the Estate; and H. Declares it to be her intention that this instrument, consisting cif three pages, shall be governed by the law of Pennsylvania and shall be legally binding as a~ a~reement under seal upon her and upon her heirs, executors, administrators and assigns.' I. This agreement may be executed in counterparts. Executed on: ', (Seal) DATE DATE MARY L. CIBROSKI . I ~ ~~c~h~/ (Seal N P~TC H. WEIMER -3- ~~ I~