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HomeMy WebLinkAbout05-20-11 (3)ESTATE OF MARY LOUISE POLK ,, CUMBERLAND COUNTY, PENNSYLVANIA n ~`? ESTATE NO. 21-10-1022 ~ C~ LAUREN E. BOGAR, ADMINISTRATRIX ~~_~ _ l_ri t -`; C `:~ . \ WAIVER OF ACCOiTNT, RECEIPT, ~ ~ ~ ,. J RELEASE AND AGREEMENT OF INDENIl~iITY ( ' ~ -° ,-, I, THOMAS E. POLK, II, the undersigned, a residuary beneficiary in the above-captioned estate, have periodically received and examined state- ments of income and principal cash receipts and disbursements or have 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 accounting 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 and 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 fiduciary to make distribution of the balance shown on the attached sheet and, effective upon delivery to the undersigned of the amount shown as distributable, acknowl- edges receipt of such property. D. Agrees to refund to the above-named fiduciary any amount which may at any time be determined to have been an erroneous distribu- 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 fiduciary shall have obtained the actual knowledge of such erro- neous 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 fiduciary. E. Absolutely and irrevocably remises, releases, quit-claims and forever discharges the above-named fiduciary, in their fiduciary 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 fiduciary, in their fiduciary and individual capacities, from and against any and all claims, losses, liability or damage (including legal fees and costs in connection therewith) which the above-named fiduciary may suffer or to which the above-named fiduciary 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 this day of ./t/ ~~ 2011. (SEAL) THOMAS E. POLK, II COMMONWEALTH OF PENNSYLVANIA SS. COUN`.PY OF CUMBERLAND On this, the day of 2011, before me, the undersigned officer, personally appeared THOMAS E. POLK, II, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official ~ / ttt~W uNNUi~i seal . ~A ~ ~ . /® !'yinnr~.,.v _ Q~ , ~., Notary blic ~~Q~GO~,~,»a~~~,a:~`~,,~~ My Co i sion Expires : s :~ JUNE "m~~ l,` 'k ' 23 ~; ~ Q GO12 L `~ \~• a ~~~ ~ ~ i~~ R Y r p U ~ e , ~ ~ ~ ~~ ESTATE OF MARY LOUISE POLK CUMBERLAND COUNTY, PENNSYLVANIA ESTATE N0. 21-10-1022 LAUREN E. BOGAR, ADMINISTRATRIX I, THOMAS E. POLK, II, acknowledge receiving the following cash and/or assets, in satisfaction of my rights under the estate: 1. Gift from Mary Louise Polk - Replacement for $13,000.00 check written (9/30/10) before date of death, but cashed after date of death 2. 1/3 of the value of Personal Property $ 166.67 3. Cash Advancement (12/30/10) $44,000.00 4. Cash Distribution (Per Page 5 of Account) 536,175.52 TOTAL DISTRIBUTIONS $93,342.19