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HomeMy WebLinkAbout03-18-11 (3)~. i J i ilil r ri ~~it i Lriii f U { tit ~' UJ CLERK OF - O{R?H~N'S ' OURT IN RE: CUi''dA`~rn~ p~`n n~~ FR ESTATE OF ROBERT E. SOWERBROWER, DECEASED: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DMSION N0.21-10-00686 RECEIPT, RELEASE, REFUNDING AND INDEMNTI'Y AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE THIS AGREEMENT, based upon the family circumstances outlined, is entered into with the Executrix by each beneficiary, from the date of formalization of her separate Consent: 1. ROBERT E. SOWERBROWER died Testate on June 26, `1010. 2. Decedent's Will, dated September 12, 2008, provided for various specific and general bequests, and designated Debra A. Shook to serve as Executrix. 3. Said Will was accepted by the Register of Wills of Cumberland County for probate on July 9, 2010, and steps necessary to complete the administration were undertaken by the Executrix. 4. The beneficiary desires that the distribution of the assets of the Estate be made without the formality of an Accounting in the Orphans' Court Division of the Cumberland County, Pennsylvania Court of Common Pleas, and the Executrix is willing to make this distribution upon the execution of this Agreement. 5. The beneficiary desire to forever settle and compromise any and all claims and rights which she may possess, now or hereafter, in the Estate and to confirm her acceptance of the distribution in satisfaction of the bequest contained in the decedent's Last Will and Testament. 6. 1'he beneficiary wishes to release the Executrix and to indemnify her against any and all claims that maybe asserted against the Estate with the Executrix after the date hereof. 7. The Executrix is willing to make a distribution of informal settlement of the Estate in consideration of the indemnification and agreements hereinafter provided by the beneficiary. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound hereby, jointly and severally, the beneficiary does, for herself, her hens, personal representatives, successors and assigns, agree as follows: A. Represent and warrant that she has read and she understands this Agreement and confirms that the facts set forth above are true and correct, to the best of her knowledge, information and belief. B. Declazes that she has sufficient information to make an informed waiver of her right to a formal accounting with the Court, and does hereby waive the filing and auditing of said formal accounting. C. Acknowledges that the distributive shaze she has received shall be in satisfaction of her respective entitlements under the Will. D. Releases, remises, quitclaims and forever dischazges the Executrix, her heirs, personal representatives, successors and assigns, from and against all claims that she, as residuary beneficiary of the Estate, had, now have, or may in the future have in connection with the Estate. E. Agrees to refund, on demand, all or any part of their proportionate shaze of any aforesaid distribution, which has been determined by the Executrix or by the Court, or by any court of competent jurisdiction, to have been improperly made. F. Agrees to indemnify and hold harmless the Executrix her heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executrix) that may hereafter be asserted against the Estate or against the Executrix. G. Agrees to execute such additional documents as may be necessary to effectuate the agreements set forth herein. H. Acknowledges that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. I. Cgnsents to the Court exercising personal jurisdiction over them in any suit or action arising owt of the enforcement of this Agreement IN WITN)~.SS WHEREOF, the beneficiary has set her hand and seal to the Consent attached hereto, to be effective as of the date first above written. CONSENT TO RECEIPT, RELEASE REFUNDING AND INDEMNITY AGREEMENT CONCERNING DISTRIBUTION FROM ESTATE The undersigned, DEBRA A. SHOOK, a beneficiary of the Last Will and Testament of ROBERT E. SOWERBROWER, Deceased, hereby consents to the Receipt, Release, Refunding and Indemnity Agreement Concerning Distribution From Estate, a copy of which has been provided to her. The undersigned also acknowledges receipt of her share of the Estate, as more particularly described in the aforesaid Agreement, including the accounting, subject to all the terms and conditions cifi therein. DEBRA A. SHOO COMMONW)~AL,TH OF PENNSYLVANIA SS. COUNTY OF _,__ ~~'"" `~~/ __, 2011, before me, a Notary Public, the On this, the _ day of ________ undersigned officer, personally appeared DEBRA A. SHOOK, known to me to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereun set my///hand and _ ~~%~~~ ]anal S. Gore, Notary Public [1NISboq Born, York County ew, rr~rnlsien ~ Oct 25.2014 ~ I