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HomeMy WebLinkAbout12-18-12 ESTATE OF NANCY Q. GRIM IN THE COURT OF COMMON PLEAS DECEDEASED OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2011-00810 APPROVAL OF ACCOUNT RELEASE AND INDEMNIFICATION WHEREAS, NANCY Q. GRIM (the "Decedent") died on July 17, 2011, leaving a Will dated December 10, 2008, and a Codicil dated October 18, 2010, which documents were probated by the Register of Wills of Cumberland County, Pennsylvania on July 22, 2011; and WHEREAS, Letters Testamentary were duly granted to KELLEY A. QUAIN TROIA and MICHAEL QUAIN (the "Executors") on July 22, 2011; and WHEREAS, Decedent was survived by her husband, ROBERT R. GRIM, and two children, KELLEY A. QUAIN TROIA and MICHAEL QUAIN; and WHEREAS, Decedent's husband, Robert Grim, received no property under Decedent's Will; and WHEREAS, Decedent's children, KELLEY A. QUAIN TROIA and MICHAEL QUAIN, are the beneficiaries and parties in interest under Decedent's Will (the `Beneficiaries"); and WHEREAS, Items 1 and 3 of Decedent's Will bequeath to her two children all of r. her tangible personal property and the residue of the estate, in equal shares' rn c D G3+ .,4 CO ~y t. 868021.1 L3 N ~ WHEREAS, the Pennsylvania Inheritance Tax and Federal Estate Tax returns have been filed and approved and the administration of the Estate is nearly complete with the exception of filing final fiduciary income tax returns; and WHEREAS, the Beneficiaries desire that the Estate be concluded without the expense and formality of a court accounting and the Executors are willing to consent to such a conclusion of the Estate upon receipt of a proper release and indemnification, which it is the purpose of this Agreement to provide. NOW, THEREFORE, the undersigned Beneficiaries, for themselves, their heirs, personal representatives and assigns: (1) State that they have examined the First and Final Account of the administration of Decedent's Estate and the accompanying Statement of Proposed Distribution which is attached hereto as Exhibit "A", and approve the transactions and distributions set forth or proposed therein as though they had been confirmed absolutely by the Court having jurisdiction over the Estate. (2) Waive the filing and auditing of the Account by any Court and agree that any Court having jurisdiction over the Estate may confirm the Account and the Proposed Distribution. (3) Acknowledge receipt from the Executors of the assets shown as having been distributed to them in such Account and Statement of Proposed Distribution in full and complete satisfaction of all of their interests in Decedent's Estate. - 2 - (4) Do hereby absolutely and irrevocably release, remise, quitclaim and forever discharge the said Executors, their heirs and personal representatives, of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever relating to the Estate of the said Decedent. (5) Do hereby absolutely and irrevocably release the Executors from filing any Account, Petition for Distribution or other document with the Court of Common Pleas of Cumberland County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the Decedent. (6) Do hereby agree to indemnify the Executors and hold them harmless to the extent of the Estate assets received by the undersigned from and against any and all claims, loss, liability or damage (including legal fees and costs) which the Executors may suffer or to which they may be subjected by reason of the administration of the Estate or the distribution of the assets of the Estate without having formal approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County, Pennsylvania, or any other court. (7) Do hereby agree that this Agreement may be signed and acknowledged by the parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of all parties, shall constitute an original and complete instrument. This instrument shall be legally binding on the undersigned and their personal representatives, heirs and assigns. - 3 - IN WITNESS WHEREOF, the undersigned have executed this Agreement on the day of _ , 2012. t I (SEAL) Witness Kelley A, Quoin roia (SEAL) Witness Michael Quain - 4 - IN WITNESS WHEREOF, the undersigned have executed this Agreement on the 27nj_ day of AI E rM ,3 ne , 2012. ' (SEAL) Witnes Kelley A. (SEAL) Witness Michael Quain - 9 - STATE OF LOUISIANA SS: COUNTY OF 30 41- l041- day of NOV&i 4*t6, 2012, before me, a Notary Public, On this, the the undersigned officer, personally appeared KELLEY A. QUAIN TROIA, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h d and official seal. (SEAL) No ub is My ommission Expires: (SEAL) 5 - STATE OF NORTH CAROLINA SS: COUNTY OF On this, the day of Iq 6i:q,R' , 2012, before me, a Notary Public, the undersigned officer, personally appeared MICHAEL QUAIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seal. cr- (SEAL) Notary Public My Commission Expires: F7 (SEAL) RACHEL E EVANS Notary Public Orange Co., North Carolina my commission Expires June 11, 2017 - 6 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2011-00810 FIRST AND FINAL ACCOUNTING OF Kelley A. Quain Troia, Co-Executor Michael Quain, Co-Executor For Estate of Nancy Q. Grim Date of Death: July 17, 2011 Date of Appointment: July 22, 2011 Date of First Complete Advertisement: August 12, 2011 Accounting for the Period: July 17, 2011 through September 30, 2012 Purpose of Account: The above fiduciaries offer this account to acquaint interested parties with the transactions that have occurred during her administration. It is important that the account be carefully examined. Requests for additional information, or questions, or objections, can be discussed with: Stanley A. Smith, Esquire Rhoads & Sinon LLP One South Market Square, 12`h Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 EXHIBIT "A" 868103.1