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HomeMy WebLinkAbout07-02-12~-. ~ _. Vi ;':.: t /(, ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COL~T~, PENNSYLVANIA G.. C rrn rJ r' ~ c ~ r ~ ~ c-r C r~ ~ { ~ ..nom ~r ORPHANS' COURT DIVISION 1N RE: ESTATE OF HAZEL R. CALHOUN, Deceased. No. 21-11-0573 Cumberland County No.: 2011-00573 RECEIPT, RELEASE, AND INDEMNIFICATION AGREEMENT WHEREAS, HAZEL R. CALHOUN died testate on Mach 31, 2011, a copy of her Last Will and Testament being of record in the Register of Wills Office of Cumberland County, Pennsylvania; and WHEREAS,. Letters of Testamentary were granted on May 13, 2011 by the Register of Wills of Cumberland County, Pennsylvania to KAREN L. MOVER and TERRY E. CALHOUN, who are now acting in said capacity; and WHEREAS, the decedent, Hazel R. Calhoun, in her Last Will and Testament dated May 31, 2005, devised and bequeathed her entire estate as follows: Terry E. Calhoun 50 Karen L. Moyer 50 WHEREAS, the remaining assets in the estate after all debts and expenses have been paid will be distributed equally between Terry E. Calhoun and Karen L. Moyer; and WHEREAS, the granting of Letters Testamentary was published in the Carlisle Sentinel and Cumberland Law Review; and V~~ WHEREAS, an original Pennsylvania Inheritance Tax Return for a Resident Decedent was filed with the Register of Wills Office, Cumberland County, Pennsylvania on October 31, 2011; and WHEREAS, a Notice of Inheritance Tax Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax dated April 23, 2012, was received accepting the return as filed with no additional tax due in this matter; and WHEREAS, an Inventory was filed for the Estate of Hazel R. Calhoun on September 12, 2011; and WHEREAS, the Executrix and Executor have affirmed that they have no knowledge of any assets or liabilities of the Estate of HAZEL R. CALHOUN, Deceased, not previously reported; and WHEREAS, the parties hereto desire that the Executrix and Executor shall not be required to file a First and Final Account with the Court of Common Pleas of Cumberland County, Pennsylvania, Orphans' Court Division, and no fmal audit is required. NOW, THEREFORE, the parties hereto, intending to be legally bound hereby, mutually agree as follows: 1. The Parties agree and acknowledge that they have fully and carefully examined the records of the Executrix and Executor of the estate and find them to be true, correct and acceptable to the parties hereto. The parties further acknowledge that they have received a copy • of the Will and Notice of Inheritance Tax, Appraisement, Allowance or Disallowance of Deductions and Assessment of Tax. 2. The parties do hereby release, remise and forever discharge the Estate of HAZEL R. CALHOUN, Deceased, and the Executrix and Executor of and from ali manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or any of their legal representatives or assigns or heirs may aY any time hereafter have against said Executrix and Executor, the Estate of HAZEL R. CALHOITN, Deceased, or the assets thereof, from, for or concerning any of the assets and property of the estate and/or claim or interest thereto or therein, and the administration, management, collection, sale or distribution of any of the said assets and for or on account of any money, interest, income, assets or proceeds out of the same, from the time of the death of said decedent to and including the date of this Receipt, Release and Indemnification Agreement. 3. This instrument is a full and final receipt, release and indemnification agreement by the parties hereto, both fiduciary and individual, the same having been arrived at, concluded and executed after full and complete disclosure of the assets of the said estate and the rights of the parties, and the parties hereto agree to abide by the terms of this Agreement. 5. The parties agree, and each will at all times in the future and whenever necessary, appropriate or convenient, make, execute and deliver to the said Executrix and Executor and/or to the other parties or to other persons as may be required any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intentions of this Agreement and/or to permit, assist and enable the said Executrix and Executor to fulfill their duties with reference to this estate and all of the assets thereof. 6. This Agreement constitutes the entire understanding among the parties hereto and they acknowledge that no representations or statements of any kind, written or oral, have been made to them prior hereto by the Executrix and/or Executor or by any other person or party upon their behalf. 7. This Agreement shall inure to the :benefit of and shall be binding upon the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the Executrix and Executor and all beneficiaries of the remaining assets of the estate have hereunto set their hands and seals on the day and year set forth below. Date: p f Date: Date:_ ~/y ~, z Date: (SEAL) K en L. Moyer, Execu ' of the Estate of HAZEL R. CALHOUN (SEAL) Karen L. Moyer, Individually E L) Terry E. C un, Executor of the Est f HAZEL R. CALHOUN (SEAL) Terry E. Calhoun, Individually VERIFICATION I, TERRY E. CALHOUN, individually and as Executor of the Estate of HAZEL R. CALHOLIN, Deceased, have read the foregoing Receipt, Release and Indemnification Agreement. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Dated: G/~~~~Z Terry E. un VERIFICATION I, KAREN L. MOYER, individually and as Executrix of the Estate of HAZEL R. CALHOUN, Deceased, have read the foregoing Receipt, Release and Indemnification Agreement. The statements therein are correct to the best of my personal knowledge or information and belief. This statement and verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false statements, I may be subject to criminal penalties. Dated: 6 /t 5/ a O 1 a ~~ Karen L Moyer