HomeMy WebLinkAbout03-22-11 (2)IN THE ORPHANS' COURT DIVISION
OF THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF DAISY B. BAIRD, DECEASED
No. 2009-00434
WAIVER, RECEIPT, RELEASE, AND AGREEMENT OF INDEMl~'IT'Y
The circumstances leading up to the execution of this instrument are as follows
1. Daisy B. Baird died on April 12, 2008, leaving a V~'ill dated February ] ~, 2000,
naming Cindy Yucha Kostelac as Executrix.
2. Letters Testamentary were granted to Cynthia Y. Kostelac by the Register of Wills
of Cumberland County on May 7, 2009.
3. It is the desire of the Daisy B. Baird heir that the Estate be distributed. vvith_out the
formality of a court proceeding in order to save the expense, publicity, and delay incident to
such court proceeding, and the Executrix is willing to make such distribution upon t:hf;
execution of this instrument.
4. An informal accounting of the administration of the Estate of Daisy B. Baird has
been prepared <~nd examined by the Executrix and sole heir.
5. In consideration of the foregoing, the undersigned hereby:
,~ . Represents and warrants that she has read and understands this instrument
and that the facts set forth above are true and correct to the best of her knowled e, information
and belief;
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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 anal
approves it as :~ f it had been duly filed, audited, adjudicated and confirmed absolute y by the
Orphans' Court Division of the Court of Common Pleas of Cumberland County, andl as if the
amounts shown as distributable had been duly awarded to her;
C. Waives the filing and auditing of the account of the administration of the
Estate in the Orphans' Court Division of the Court of Common Pleas of Cumberland County;
D . Requests the Executrix to make distribution of the remaining principal and
income, and effective upon delivery to her of these amounts, acknowledges receipt:;
E . Agrees to refund to the Executrix any amount which may at any time be
determined to have been an erroneous distribution to her, regardless of the cause of such.
erroneous distribution, even if attributable to negligence, and agrees that any period. fir the
limitation of actions for the collection of any erroneous distribution shall commenc:e~ onl)~ at
such time as the Executrix shall have obtained actual knowledge of such erroneous 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;
Absolutely and irrevocably remises, releases, quitclaims and forever
discharges Cynthia Y. Kostelac, individually and in her capacity as Executrix, from any and all
actions, suits, payments, accounts, reckonings, liabilities, clainns and demands rela.t:ing in any
way to the administration of the Daisy B. Baird Estate;
t~~. Agrees to indemnify and hold harmless, to the extent of the funds received
by her hereunder, Cynthia Y. Kostelac, individually and in her capacity as Executrix, from and
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against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which she may suffer or to which she may be subjected by reason of her
administratoor.- of the Estate, the settlement of her Executrix's account and the dist:rif>utic-n of
the assets of the Estate without having the formal approval of the Orphans' Court C-ivision of
the Court of Common Pleas of Cumberland County, including, but not limited tc:,, aaiy liability
for any federal. estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be her intention that this instrument, consisting o:F three pages.,
shall be governed by the law of Pennsylvania and shall be legally binding as an agreement
under seal upon her and upon her heirs, executors, administrators and assigns.
Executed on
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___ ~ (Seal)
DATE CINDY YUCHA KOS~'~LAC
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