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HomeMy WebLinkAbout09-07-12 (2)IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~ :~, „~; ~© ~~' cn ' ' -~ r,i ESTATE OF MARIAN H. SARIANO DECEASED ~ ~= ;~=' t Y t `o ~R7 <~ c~, .-,: No. 200b-00639 ~~= ~-~_ ~ ~;- ~.' ... ~~ ` C; ` . ~ . AND AGREEMENT OF INDEMY RELEASE RECEIPT WAIVER ,~ -=^`~ t l T , , , ~ - ~ ~~ ~ The circumstances leading up to the execution of this instrument are as follows: 1. Marian H. Sariano died on July 4, 2006, leaving a Will dated February 12, 1991, naming Nina G. Hess and Jana J. Furst as Co-Executrices. 2. Letters Testamentary were granted to Nina G. Hess and Jana J. Furst by the Register of Wills of Cumberland County on July 18, 2006. 3. It is the desire of the Marian H. Sariano heirs that the Estate be distributed without the formality of a court proceeding in order to save the expense, publicity, and delay incident to such court proceeding, and the Co-Executrices are willing to make such distribution upon the execution of this instrument. 4. An informal accounting of the administration of the Estate of Marian H. Sariano 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 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 knowledge, information and belief; -1- 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 absolutely by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, and 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 Co-Executrices 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 Co-Executrices 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 for the limitation of actions for the collection of any erroneous distribution shall commence only at such time as the Co-Executrices 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; F. Absolutely and irrevocably remises, releases, quitclaims and forever discharges Nina G. Hess and Jana J. Furst, individually and in her capacity as Co-Executrix, from any and all actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the administration of the Marian H. Sariano Estate; G. Agrees to indemnify and hold harmless, to the extent of the funds received by her hereunder, Nina G. Hess and Jana J. Furst, individually and in her capacity as Co- -2- Executrix, from and 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 administration of the Estate, the settlement of their Co-Executrices' account and the distribution of the assets of the Estate without having the formal approval of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, including, but not limited to, any 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 of 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. I. This agreement may be executed in counterparts. Executed on: e2 oI ~ 6%~~ ~ ~G-~dQ.~ (Seal) ~c,- DATE i NINA G. HESS DATE JANA J. FURST (Seal) -3- Executrix, from and 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 administration of the Estate, the settlement of their Co-Executrices' account and the distribution of the assets of the Estate without having the formal approval of the Orphans' Court Division of the Court of Common Pleas of Cumberland County, including, but not limited to, any 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 of 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. I. This agreement may be executed in counterparts. Executed on: DATE DATE NINA G. HESS U (Seal) JA J. F -3- (Seal)