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HomeMy WebLinkAbout01-24-13~ APPROVAL OF ACCOUNT, RELEASE AND INDEMNIFICATION AGREEMENT Jf ' . t' ~~~~~ r.,,- HARRY D. JONES, A/K/A HARRY DAVID JONES, ESTATE ~~5~~,~~vM +~ R~~''" ,~~ `'' ~~' ,_, ~`7 ~'~WHEREAS, Harry D. Jones, a/k/a Harry David Jones ("Decedent"), a resident of ~r~'~J ~" tine Borough of Carlisle, Cumberland County, Pennsylvania, died February 24, 2012, ~t@$,fate;' ~d"his last will and testament dated February 13, 2002 ("Will") was duly -~p~~e~d°,liy the Register of Wills of Cumberland County, Pennsylvania ("Register of ~ Y~~)`;.'on'March 19, 2012; C~ ~ AND WHEREAS, letters testamentary in the Harry D. Jones, a/k/a Harry David Jones, Estate ("Estate") were duly granted by the Register of Wills on March 19, 2012 to Decedent's daughter, Sally J. Currie ("Personal Representative"), the executrix named in Decedent's Will; AND WHEREAS, Decedent by ITEMS 3. and 4. of his Will provided as follows:- ITEM 3. I give and bequeath my tangible personal property to my four (4) daughters, Sandra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in substantially equal shares. The division of my tangible personal property between my daughters shall be made in such manner as they shall agree upon, or if they shall be unable to agree, according to the following procedures:- a) The value of each item shall be the appraised value for Pennsylvania inheritance tax purposes; b) My daughters shall each select, in the order of their ages, oldest to youngest, one item at a time, until the value of the items selected by her totals the value of her share; and if any of my daughters selects an item which exceed her share, she may have the item allocated to her share on the condition that she pay to my estate a sufficient amount to equalize the shares of my other daughters; c) Any items not so selected shall be sold and the proceeds of sale shall be divided among my daughters so that the total value of items selected and any proceeds of sale shall be divided in substantially four (4) equal portions; d) Should any of my daughters be deceased at the time of the distribution of my estate, her interest under this ITEM 3, shall be distributed to her issue per stirpes, provided however, the issue of such deceased daughter shall not participate in the selection of items under ITEM 3.b). ITEM 4. The remainder of my estate shall be liquidated, including the sale of my real estate, in such manner as may be deemed best, and I give my liquidated estate to my four (4) daughters, Sandra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in equal shares per stirpes." AND WHEREAS, Donna Sue Moyer, of 54 Festival Drive, Voorhees, NJ 08043, being one of the beneficiaries under ITEM 3. and one of the residuary beneficiaries under ITEM 4. of the Will, desires the Estate be distributed without the requirement of filing a First and Final Account and Statement of Proposed Distribution; AND WHEREAS, Personal Representative has fully administered the Estate and it is the desire of Personal Representative to close the Estate, be excused from the requirement of filing a First and Final Account and Statement of Proposed Distribution and is willing to consent to such distribution upon receipt of a proper release and indemnification from the beneficiary, which it is the purpose of this Approval of Account, Release and Indemnification Agreement ("Agreement") to provide. KNOW ALL MEN BY THESE PRESENTS, that in consideration of the willingness of the Personal Representative to distribute and close the Estate in accordance with the terms of the Will without the protection of the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution, the undersigned beneficiary, individually, and with respect to her heirs, personal representatives, successors and assigns, does hereby: 1. Acknowledge she has read this Agreement and represent the facts set forth above are true and correct to the best of her knowledge, information and belief; 2. Acknowledge she is familiar with the provisions of the Will; 3. Waive the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution with respect to the principal and income thereof, in any court which has jurisdiction, in particular, the Orphans' Court Division of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, Pennsylvania; 4. Declare she has received from Personal Representative a copy of her Account and Statement of Proposed Distribution ("Account") and find it to be true and correct in all particulars; and accept and approve it with the same force and affect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such Court which has jurisdiction over the Estate, and, as if the balance of principal and income had been awarded by said court in accordance with this Agreement; 5. Warrant she knows of no outstanding and unsatisfied claims against the Estate and approve the distribution of the balance of principal and income shown on the Account; 6. Absolutely and irrevocably release and discharge the Personal Representative, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the Personal Representative, in connection with the administration and distribution of assets shown in the Account, without the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution; 7. Agree to refund to the Personal Representative such part or all of the distributive share which has been or is being distributed to her which may at any time be determined to have been an erroneous distribution to her regardless of the cause of such error, even if attributable to negligence; 8. Agree any period of limitation of actions for the collection for any erroneous distribution to her shall commence only at such time as the Personal Representative has obtained actual knowledge of such erroneous distribution and in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Personal Representative; 9. With respect to any distributions of principal or income, which she has received, or will receive upon execution of this Agreement, agree to indemnify and hold harmless the Personal Representative, her personal representatives, heirs, successors and assigns, from any liability, loss or expense (including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the Personal Representative as a result of the administration of the Estate or distribution according to this Agreement including, but not limited to, any liability for any United States estate tax, Pennsylvania estate or inheritance tax or any other death taxes and federal and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 10. Understand this Agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one original; and 11. Agree this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this Agreement this/Q~day of January, 2013. Don a Sue Moyer ~J ~~V U1~1.~., Sally J. Currie Personal Representative STATE OF NEW JERSEY COUNTY OF CAM~~~ SS: On this, the ~~rG day of January, 2013, before me, a Notary Public, the undersigned officer, personally appeared Donna Sue Moyer, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. IirY~ WMYYAlOIMIM Melaty PYMk Stgs 01 New .Nosy My Comm+ssioa Exp{res Jut ?4.2016 COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS: On this, the/~.yYV day of January, 2013, before me, Lois J. Haverstack, Notary Public, the undersigned officer, personally appeared Sally J. Currie, Personal Representative of the last will and testament of Harry D. Jones, aJk/a Harry David Jones, late of the Borough of Carlisle, Cumberland County, Pennsylvania, deceased, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the putpuses therein contained. , In witness whereof, I hereunto set my hand and official seals. COMMONWEALTH OF PENNSYI-VANiA ~{ Sep Public ~--y~.ois J. `isv~rrsYOCk, Nopry C,reencanle Boro, Franklin County Nty^:umrnPSJai E~pN'es No\'• 15 2015 .^dEMRER ~L'PItMYbJNN NOTARIES ~YJANQE IiY1'tlWE +iiA~`+ r \61']~ y.v y..*..,,~. _.y._. ttECi f'. F' '~!3 APPROVAL OF ACCOUNT, RELEASE AND ,.~~ """~~~ ~~~ ~'~ ~ ~ ~~ " INDEMNIFICATION AGREEMENT .. :, C: ,--, , >HARRY D. JONES, NKiA HARRY DAVID JONES, ESTATE ~`~'~,1i~lEsREAS, Harry D. Jones, a/kla Harry David Jones ("Decedent"), a resident of ,r,r fh`~"~~roug4~ o€ Carlisle, Cumberland County, Pennsylvania, died February 24, 2012, t'~',' ahd his last will and testament dated February 13, 2002 ("Will") was duly probated by the Register of Wills of Cumberland County, Pennsylvania ("Register of Wills"), on March 19, 2012; AND WHEREAS, letters testamentary in the Harry D. Jones, a/k/a Harry David Jones, Estate ("Estate") were duly granted by the Register of Wills on March 19, 2012 to Decedent's daughter, Sally J. Currie ("Personal Representative"), the executrix named in Decedent's Will; AND WHEREAS, Decedent by ITEMS 3. and 4. of his Will provided as follows:- ITEM 3. I give and bequeath my tangible personal property to my four (4) daughters, Sandra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in substantially equal shares. The division of my tangible personal property between my daughters shall be made in such manner as they shall agree upon, or if they shall be unable to agree, according to the following procedures:- a) The value of each item shall be the appraised value for Pennsylvania inheritance tax purposes; b) My daughters shall each select, in the order of their ages, oldest to youngest, one item at a time, until the value of the items selected by her totals the value of her share; and if any of my daughters selects an item which exceed her share, she may have the item allocated to her share on the condition that she pay to my estate a sufficient amount to equalize the shares of my other daughters; c) Any items not so selected shall be sold and the proceeds of sale shall be divided among my daughters so that the total value of items selected and any proceeds of sale shall be divided in substantially four (4) equal portions; d) Should any of my daughters be deceased at the time of the distribution of my estate, her interest under this ITEM 3. shall be distributed to her issue per stirpes, provided however, the issue of such deceased daughter shall not participate in the selection of items under ITEM 3.b). ITEM 4. The remainder of my estate shall be liquidated, including the sale of my real estate, in such manner as may be deemed best, and I give my liquidated estate to my four (4) daughters, Sandra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in equal shares per stirpes." AND WHEREAS, Sandra L. Membrino, of 457 South Old Middletown Road, Media, PA 19063, being one of the beneficiaries under ITEM 3. and one of the residuary beneficiaries under ITEM 4. of the Will, desires the Estate be distributed without the requirement of filing a First and Final Account and Statement of Proposed Distribution; AND WHEREAS, Personal Representative has fully administered the Estate and it is the desire of Personal Representative to close the Estate, be excused from the requirement of filing a First and Final Account and Statement of Proposed Distribution and is willing to consent to such distribution upon receipt of a proper release and indemnification from the beneficiary, which it is the purpose of this Approval of Account, Release and Indemnification Agreement ("Agreement") to provide. KNOW ALL MEN BY THESE PRESENTS, that in consideration of the willingness of the Personal Representative to distribute and close the Estate in accordance with the terms of the Will without the protection of the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution, the undersigned beneficiary, individuaiiy, and with respect to her heirs, personal representatives, successors and assigns, does hereby: 1. Acknowledge she has read this Agreement and represent the facts set forth above are true and correct to the best of her knowledge, information and belief; 2. Acknowledge she is familiar with the provisions of the Will; 3. Waive the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution with respect to the principal and income thereof, in any court which has jurisdiction, in particular, the Orphans' Court Division of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, Pennsylvania; 4. Declare she has received from Personal Representative a copy of her Account and Statement of Proposed Distribution ("Account") and find it to be true and correct in all particulars; and accept and approve it with the same force and affect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such Court which has jurisdiction over the Estate, and, as if the balance of principal and income had been awarded by said court in accordance with this Agreement; 5. Warrant she knows of no outstanding and unsatisfied claims against the Estate and approve the distribution of the balance of principal and income shown on the Account; 6. Absolutely and irrevocably release and discharge the Personal Representative, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the Personal Representative, in connection with the administration and distribution of assets shown in the Account, without the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution; 7. Agree to refund to the Personal Representative such part or all of the distributive share which has been or is being distributed to her which may at any time be determined to have been an erroneous distribution to her regardless of the cause of such error, even if attributable to negligence; 8. Agree any period of limitation of actions for the collection for any erroneous distribution to her shall commence only at such time as the Personal Representative has obtained actual knowledge of such erroneous distribution and in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Personal Representative; 9. With respect to any distributions of principal or income, which she has received, or will receive upon execution of this Agreement, agree to indemnify and hold harmless the Personal Representative, her personal representatives, heirs, successors and assigns, from any liability, loss or expense (including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the Personal Representative as a result of the administration of the Estate or distribution according to this Agreement including, but not limited to, any liability for any United States estate tax, Pennsylvania estate or inheritance tax or any other death taxes and federal and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 10. Understand this Agreement may be signed in counterpart originals, afl of which together shall be deemed to constitute one original; and 11. Agree this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS W EREOF, we agree to be bound hereby and have signed this Agreement this/~,~Z~day of January, 2013. ~~ Sandra l_. M mbrin S 11 r ~A/V1~ Qk I ','I Sally J. Curri Personal Representative r COMMONWEALTH OF PENNSYLVANIA C,~CIeS~" : ss: COUNTY OF Y~- On this, the ~ Gj~ day of January, 2013, before me, a Notary Public, the undersigned officer, personally appeared Sandra L. Membrino, known to me (or satisfactorily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my ha COMMONWEALCH OF PENNSYLVANIA Notarial Seal ]eana Franchi, Notary Public W1111s[ownTwD., O~ester CouMY M ~ Canttiissld~ Explre5 Atxil 19, 2016 M!M!!0. PlNNSYlV4N[A 0.550Ct1.ttON OF NO'tARtES COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF FRANKLIN On this, the fQ~ day of January, 2013, before me, Lois J. Haverstock, Notary Public, the undersigned officer, personally appeared Sally J. Currie, Personal Representative of the last will and testament of Harry D. Jones, a/k/a Harry David Jones, late of the Borough of Carlisle, Cumberland County, Pennsylvania, deceased, known to me (or satisfactorily proven} to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. COMMONWEA TH OF PENNSYLVANIA Notarial Seal d.ois 1. NaverstoLk, Notary Public Greencastle BOro, Frankln County MY CantmlSSicNa Expires Nov. 15, 2015 s.9~pp,{:'P„ cNU~!'~ ygf.ip p54JfZAiION OF NOTNiIES APPROVAL OF ACCOUNT, RELEASE AND %~ i .~. . '~i= INDEMNIFICATION AGREEMENT ..- T6 : C .. !'. i~ i e... ~: yHARRY D. JONES, AIiUA HARRY DAVID JONES, ESTATE ` ~•`•~~ ~UVHEREAS, Harry D. Jones, a/kla Harry David Jones ("Decedent"), a resident of ©`i rif~e~~~~FOfJg~i of Carlisle, Cumberland County, Pennsylvania, died February 24, 2012, CUId3 h~t~ii~e,`-ancF~iis last will and testament dated February 13, 2002 ("Will") was duly probated by the Register of Wills of Cumberland County, Pennsylvania ("Register of Wills"), on March 19, 2012; AND WHEREAS, letters testamentary in the Harry D. Jones, a/k/a Harry David Jones, Estate ("Estate") were duly granted by the Register of Wills on March 19, 2012 to Decedent's daughter, Sally J. Currie ("Personal Representative"), the executrix named in Decedent's Will; AND WHEREAS, Decedent by ITEMS 3. and 4. of his Will provided as follows:- ITEM 3. I give and bequeath my tangible personal property to my four (4) daughters, Sandra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in substantially equal shares. The division of my tangible personal property between my daughters shall be made in such manner as they shall agree upon, or if they shall be unable to agree, according to the following procedures:- a) The value of each item shall be the appraised value for Pennsylvania inheritance tax purposes; b) My daughters shall each select, in the order of their ages, oldest to youngest, one item at a time, until the value of the items selected by her totals the value of her share; and if any of my daughters selects an item which exceed her share, she may have the item allocated to her share on the condition that she pay to my estate a sufficient amount to equalize the shares of my other daughters; c) Any items not so selected shall be sold and the proceeds of sale shaii be divided among my daughters so that the total value of items selected and any proceeds of sale shall be divided in substantially four (4) equal portions; d) Should any of my daughters be deceased at the time of the distribution of my estate, her interest under this ITEM 3. shall be distributed to her issue per stirpes, provided however, the issue of such deceased daughter shall not participate in the selection of items under ITEM 3.b). ITEM 4. The remainder of my estate shall be liquidated, including the sale of my real estate, in such manner as may be deemed best, and I give my liquidated estate to my four (4) daughters, Sandra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in equal shares per stirpes." AND WHEREAS, Shelly A. Schubert, of 24694 Nettle Mill Square, Aldie, VA 20105, being one of the beneficiaries under ITEM 3. and one of the residuary beneficiaries under ITEM 4. of the Will, desires the Estate be distributed without the requirement of filing a First and Final Account and Statement of Proposed Distribution; AND WHEREAS, Personal Representative has fu{ly administered the Estate and it is the desire of Personal Representative to close the Estate, be excused from the requirement of filing a First and Final Account and Statement of Proposed Distribution and is willing to consent to such distribution upon receipt of a proper release and indemnification from the beneficiary, which it is the purpose of this Approval of Account, Release and Indemnification Agreement ("Agreement") to provide. KNOW ALL MEN BY THESE PRESENTS, that in consideration of the willingness of the Personal Representative to distribute and close the Estate in accordance with the terms of the Will without the protection of the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution, the undersigned beneficiary, individually, and with respect to her heirs, personal representatives, successors and assigns, does hereby: 1. Acknowledge she has read this Agreement and represent the facts set forth above are true and correct to the best of her knowledge, information and belief; 2. Acknowledge she is familiar with the provisions of the Will; 3. Waive the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution with respect to the principal and income thereof, in any court which has jurisdiction, in particular, the Orphans' Court Division of the Court of Common Pleas of the 39th Judicial District, Franklin County branch, Pennsylvania; 4. Declare she has received from Personal Representative a copy of her Account and Statement of Proposed Distribution ("Account") and find it to be true and correct in all particulars; and accept and approve it with the same force and affect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such Court which has jurisdiction over the Estate, and, as if the balance of principal and income had been awarded by said court in accordance with this Agreement; 5. Warrant she knows of no outstanding and unsatisfied claims against the Estate and approve the distribution of the balance of principal and income shown on the Account; 6. Absolutely and irrevocably release and discharge the Personal Representative, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the Personal Representative, in connection with the administration and distribution of assets shown in the Account, without the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution; II ' 7. Agree to refund to the Personal Representative such part or all of the distributive share which has been or is being distributed to her which may at any time be determined to have been an erroneous distribution to her regardless of the cause of such error, even if attributable to negligence; 8. Agree any period of limitation of actions for the collection for any erroneous distribution to her shall commence only at such time as the Personal Representative has obtained actual knowledge of such erroneous distribution and in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Personal Representative; 9. With respect to any distributions of principal or income, which she has received, or will receive upon execution of this Agreement, agree to indemnify and hold harmless the Personal Representative, her personal representatives, heirs, successors and assigns, from any liability, loss or expense (including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the Personal Representative as a result of the administration of the Estate or distribution according to this Agreement including, but not limited to, any liability for any United States estate tax, Pennsylvania estate or inheritance tax or any other death taxes and federal and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 10. Understand this Agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one original; and 11. Agree this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this Agreement this ~~,~L~day of January, 2013. /j A. r~~,~ ~ Sally J. Curri Personal Representative COMMONWEALTH OF VIRGINIA COUNTY OF ~ajr~(ax SS: On this, the ~FJth day of January, 2013, before me, a Notary Public, the undersigned officer, personally appeared Shelly A. Schubert, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, 1 hereunto set my hand and official seals. .+`~~lP`p' B~TF'~~~. ~~ ~~b~~~ ~C~ . ~ A7522079 ~~: U COMMISSION =p E%PIHES LS ~71J3Q/Gpi6 of: p: COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS: On this, the~t~ii~~'~/day of January, 2013, before me, Lois J. Haverstock, Notary Public, the undersigned officer, personally appeared Sally J. Currie, Personal Representative of the last will and testament of Harry D. Jones, a/k/a Harry David Jones, late of the Borough of Carlisle, Cumberland County, Pennsylvania, deceased, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. COMMONWEA TH OF PENNSYLVANIA Notirlai Seal Lois J. Havet&oClt, Notary Public Greencastle Ban7, Franldirt County M Nov, 15.20}5__ APPROVAL OF ACCOUNT, RELEASE AND INDEMNIFICATION AGREEMENT HARRY D. JONES, A/KiA HARRY DAVID JONES, ESTATE WHEREAS, Harry D. Jones, alkia Harry David Jones ("Decedent"), a resident of the Borough of Carlisle, Cumberland County, Pennsylvania, died February 24, 2012, testate, and his last will and testament dated February 13, 2002 ("Will") was duly probated by the Register of Wills of Cumberland County, Pennsylvania ("Register of Wills"), on March 19, 2012; AND WHEREAS, letters testamentary in the Harry D. Jones, a/k/a Harry David Jones, Estate ("Estate"} were duty granted by the Register of Wills on March 19, 2012 to Decedent's daughter, Sally J. Currie ("Personal Representative"), the executrix named in Decedent's Will; AND WHEREAS, Decedent by ITEMS 3. and 4. of his Will provided as follows:- ITEM 3. I give and bequeath my tangible personal property to my four (4) daughters, Sandra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in substantially equal shares. The division of my tangible personal property between my daughters shall be made in such manner as they shall agree upon, or if they shall be unable to agree, according to the following procedures:- a) The value of each item shall be the appraised value for Pennsylvania inheritance tax purposes; b) My daughters shall each select, in the order of their ages, oldest to youngest, one item at a time, until the value of the items selected by her totals the value of her share; and if any of my daughters selects an item which exceed her share, she may have the item allocated to her share on the condition that she pay to my estate a sufficient amount to equalize the shares of my other daughters; c) Any items not so selected shall be sold and the proceeds of sale shall be divided among my daughters so that the total value of items selected and any proceeds of~sale~, ,~; shall be divided in substantially four (4) eq~al$ortion`s; ~'~? c, d) Should any of my daughters be decease the tirr~e:of~ '.~ the distribution of my estate, her interest u~r~lect~s I~M 3. shall be distributed to her issue per stir tom`, ~rYoviAed '' however, the issue of such deceased daugglatL~r shall.-cwt `;; -:` participate in the selection of items under Il`~1~4;3'b). _? ` ITEM 4. The remainder of my estate shall be;figkidated~;incl[tdirig the sale of my real estate, in such manner as may be-d~dmed best, and;'J give my liquidated estate to my four (4) daughters, S~hdra L. Membrino, Donna Sue Moyer, Shelly A. Schubert and Sally J. Currie, in equal shares per stirpes." II AND WHEREAS, Sally J. Currie, of 398 Adams Road, Carlisle, PA 17015, being one of the beneficiaries under ITEM 3. and one of the residuary beneficiaries under ITEM 4. of the Will, desires the Estate be distributed without the requirement of filing a First and Final Account and Statement of Proposed Distribution; AND WHEREAS, Personal Representative has fully administered the Estate and it is the desire of Personal Representative to close the Estate, be excused from the requirement of filing a First and Final Account and Statement of Proposed Distribution and is willing to consent to such distribution upon receipt of a proper release and indemnification from the beneficiary, which it is the purpose of this Approval of Account, Release and Indemnification Agreement ("Agreement") to provide. KNOW ALL MEN BY THESE PRESENTS, that in consideration of the willingness of the Personal Representative to distribute and close the Estate in accordance with the terms of the Will without the protection of the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution, the undersigned beneficiary, individually, and with respect to her heirs, personal representatives, successors and assigns, does hereby; 1. Acknowledge she has read this Agreement and represent the facts set forth above are true and correct to the best of her knowledge, information and belief; 2. Acknowledge she is familiar with the provisions of the Will; 3. Waive the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution with respect to the principal and income thereof, in any court which has jurisdiction, in particular, the Orphans' Court Division of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, Pennsylvania; 4. Declare she has received from Personal Representative a copy of her Account and Statement of Proposed Distribution ("Account") and find it to be true and correct in all particulars; and accept and approve it with the same force and affect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such Court which has jurisdiction over the Estate, and, as if the balance of principal and income had been awarded by said court in accordance with this Agreement; 5. Warrant she knows of no outstanding and unsatisfied claims against the Estate and approve the distribution of the balance of principal and income shown on the Account; 6. Absolutely and irrevocably release and discharge the Personal Representative, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the Personal Representative, in connection with the administration and distribution of assets shown in the Account, without the filing and formal adjudication of a First and Final Account and Statement of Proposed Distribution; 7. Agree to refund to the Personal Representative such part or all of the distributive share which has been or is being distributed to her which may at any time be determined to have been an erroneous distribution to her regardless of the cause of such error, even if attributable to negligence; 8. Agree any period of limitation of actions for the collection for any erroneous distribution to her shall commence only at such time as the Personal Representative has obtained actual knowledge of such erroneous distribution and in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Personal Representative; 9. With respect to any distributions of principal or income, which she has received, or will receive upon execution of this Agreement, agree to indemnify and hold harmless the Personal Representative, her personal representatives, heirs, successors and assigns, from any liability, loss or expense (including but not limited to costs and counsel fees), arising from any cause whatsoever, which may be incurred by the Personal Representative as a result of the administration of the Estate or distribution according to this Agreement including, but not limited to, any liability for any United States estate tax, Pennsylvania estate or inheritance tax or any other death taxes and federal and state income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; 10. Understand this Agreement may be signed in counterpart originals, all of which together shall be deemed to constitute one original; and 11. Agree this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this Agreement this /Q,f~day of January, 2013. Sally J. Curr ,Individually ~l ~~ Sally J. Curri ~ Personal Representative COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN SS: On this, the /~~~ day of January, 2013, before me, Lois J. Haverstock, Notary Public, the undersigned officer, personally appeared Sally J. Currie, known to me (or satisfactorily proven} to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. COMMONWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN COMMONWEALTH OF PENNSYLVANIA Nosanet Seel Lois 7. HaversGxk, Notary Publk Greencastle Boro, Prankitn County Commis5lan ~GllrcS Nov. 15, 2915 rfr.'dR99P. ?FP?NnL~13tlIA AStiG'C.AlTOP19F MUTnNC5 SS: On this, the ~lJil%YU day of January, 2013, before me, Lois J. Haverstock, Notary Public, the undersigned officer, personally appeared Sally J. Currie, Personal Representative of the last will and testament of Harry D. Jones, a/k/a Harry David Jones, late of the Borough of Carlisle, Cumberland County, Pennsylvania, deceased, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she executed the same in the capacity therein stated and for the purposes therein contained. In witness whereof, l hereunto set my hand and official seals. 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