The URL can be used to link to this page

Home My WebLink About07-25-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNT�', PENNSYLVANIA Name ofDecedent: Elwood D. Linn, Sr. _ Uate of Ll;;ath: 08-10-2011 File Number: 2111-0961 Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . 0 Yes ❑No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? . . . . . �;' [].�'e� �No c, �; � �� ^ � � �� ,-3 b. The separate Orphans' Court No. (if any) for the personal � - ' �_ ;,� y_J representative's account is: � - �, _ ;-.�. r - cn . _ _ .A `:.._ . ,�...;.. l a.._ ` . ' _.�l � � - ..,� �� . c. Did the personal representative state an account � `�� c� � ''�; .� inf�rmally to the parties in interest? . . . . . . . . . . . . . . . . . . . . . ��" .�. . . . . �'S�es�� ❑No d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be fileu uiiil tiie Clerk oi the Orphans' Courc an may be attacned to this reportsee attached copies Date Julv 25, 2013 � natur of Person Fi ing th' Form Capac� y: ❑Personal Repr:.sentative QCounsel � Joseph A. Macaluso Nnme of Person Filing this Form Arldress P.O. Box 83, Orrstown, PA 17244 (]17) 532-4832 Telephone Form RW-/0 rev. l0.13.OG � IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL L�ISTRICT OF � � PENNSYLVANIA - CUMBERLAND COUNTY BRANCH ORPHANS' COURT Estate of Elwood D. Linn, Sr. } File No, 2011-00961 PA File No. 21-11-09fi1 AGREEMfNT FOR APPROVAL OF ACCOUNT, RELEASE AND INDEMNIFICATION The undersigned, R. Edward Linn, 9691 Rowe Run Loop, Shippensburg, PA 17257; - - .lonatha� �inr�, �91�Oe��field D�i�;"E3r�nd�, FL v�51't;-.�ac�ueiirie �ii�r�urt�n;-640 W. State Street, Lovington, IL 61937; Paul Linn, P.O. Box 155, Orient, IL 62874; and Randy Prince, 5565 Tappan Drive, Reno, NV 89523, the surviving spouse and sole beneficiary of the late Victoria Linn Prince, being all the beneficiaries under the will of the decedent in connection with the above-referenced esta#e, desire that the estate be distributed without the formality o� court accounting, and R. Edward Linn, 9691 Rowe Run Loop, Shippensburg, PA 17257, as Executor of the Elwood D. Linn, Sr., is wifling to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this Agreement for Approval of Account; Release, and :Indem;nification ("Agreement") to-provide. In considera#ior� of the witlingness of the Executor to distribute and terminate the estate in accordanee with the terms of the will without the protection-afforded him by a formal adjudication of the account, each of the said undersigned beneficiaries, their heirs, personal representatives, successors and assigns, hereby: 1. Acknowledge that he/she has read this Agreement and represents that the facts set forth herein are true and correct to the best of his/her knowledge, information and belief. The undersigned beneficiary further acknowledges fhat helshe is familiar with the provi�ian� Qf the wi!! �f the de�ed�r�t; 2. Waives the filing of a format account of the administration of this estate, with respect to the income and principal thereof, in any court which has jurisdiction, in particular, the ' Orphans' Caurt af the Court of Common Pteas of the 9th Judicial District of Pennsylvania, Cumberland County; 3. Declares that he/she has been advised of an informal accounting which the - Executor has communica#ed to him/her, and finds it to be true and correct in all_ particulars; understands that the distribution may be still subject to the payment of�certain administration expenses; and accepts and approves it with the same force and effe�t as if it had been prepared and duly filed with, audited; adjudieated and confirmed absalutely by such court which has jurisdiction over this estate, and, as if the balance of principal and incame had been awarded by s�:id court in accordance with this Agreernent and the account; 4. 1l�arrants that he/she knows of no outstanding and unsatisfied claims against the estate and approves fhe distribution of the balance of principal and income shown on the in�ormal account as set forth above; 5. �Absolutely and irrevocably releases and discharges the Executor, his personal representatives, heirs, successors and assigns, from any and afl actions, liabilities, claims and demands, including specificatly but not limited to liability arising in connection wifih any mistake of fact or law, or negligent or careless act or omission by the Executor, in connection with the administration and distribution of assets pursuant to the informal account, without a formal court accounting and adjudication; ___ _ _ . _ _ . - 8. Agrees to refund �o the Executor such part or aCl of the d'isfribufive share which is being distributed to him/her which may at any time be defiermined to have be�n an erroneous disttibutiqn to himfher regardless of the cause of such error, even if attributabl�to negligence; 7. Agrees that any period of limitat+�n of aetions for the coflection for any erroneous distribution to him/her shall commence only at such time as the Executar has obtained a�tual knowledge of such erroneous distribution and that in no event shall the obtigation to collect any erroneous distribution start earlier than the actual discovery thereof by the Executor. 8. With respect to any distributions of inCOme or principal, which he/she has received, or will receive upon execution of this Agreement, agrees to indemnify and hold harmless the Executor, his personal representatives, heirs, successors and assigns, from any liabilily, loss or expense (including but not Iimited to costs and counsel fees�, arising from any cau�e whatsoever, which may be incurred by�the Executor as a result of the _ administration ofi this estate or distribu#ion in accordance with this Agreeme:nt including, but not Iim:ited to, any Iiability for any federal estate tax, Pennsylvania inheritance tax or any other deafih taxes and federal and state income_taxes, together with any interest and costs fncidental th�reto, r�lating in �ny way to the est�te and also inc�uding, but not - limited to, any assets received or payments or distributions made by reason of any neglagenc� or mistake of fact or Iaw; 9. Understands that this Agreernent may be signed in counterpart originals, ail of which together shaii be deemed to constitute one originai; 10. Agrees tha# this Agreement shall be governed by the laws of the Commanwealth of Pennsylvania; 11. Agrees that this Rgreement is the entire and only agreement between him/her and the �xecutor, and any changes or additions to this Agreement must be made in writing and executed by the parties hereto; �" J �;/ 12. Agrees that this Agreement is binding on the parties hereto, their heirs, personal representatives, successors and assigns, as the case may be; 13. Agrees that in the event any part of this Agreement is construed as unenforceable, the remaining provisions of this Agreement shatl be in full force and effect, and a enforceable as though the unenforceable part or parts were not included; S ' 14. Acknowledges that he/she has received from the Executor the entire and final distribution of the devise, or bequest, or legacy to him/her in the last will and testament of the decedent will as set forth in SchedWle A attached hereto and made part hereaf. 15. Randy Prince warrants and represents to the Executor that he is the surviving spouse and sole beneficiary of Victoria Linn Prince. IN WITNESS WHEREOF, we a r e to be bound hereby and have signed this ,X�Agreement this / � day of_�� , 2013. � Witness: � (Sea1) R. Edward Linn �' �� Y � � (Seal) Paul Linn (Seal) Jonathan Linn � _(�eal} J�cqueiine Linn Sutton (Seal) Randy Prince ., , � r`' � , .. ;' % % 12. Agrees that this Agreement is binding on the parties hereto, their heirs, personal representatives, successors and assigns, as the case may be; 13. Agrees that in the event any part of this Agreement is construed as unenforceable, the remaining provisions af this Agreement shall be in full force and effect, and �- enforceable as though the unenforceable part or parts were not included; 14. Acknowledges that he/she has received from the Executor the entire and final distribution of the devise, or bequest, or legacy tn him/her in the last will and testament of the decedent will as set forth in Schedule A attached hereto and made part hereof. 15. Randy Prince warrants and represents to the Executor that he is the surviving spouse and sole beneficiary of Victoria Linn Prince. IN WITNESS W�REOF, we a �,rgeto be bound hereby and have signed this Agreement this day of �N� , 2013. Witness: '��, � E "�S . � / 1/"� � i`y� r°' 1 . ,• i � r � � � . �' ��`/ (�Seal) ° R. Edward Linn (Seal� Paul Linn (Seal) Jonathan Linn � (Seal) Jacqueline Linn Sutton {Seal) Randy Prince i r� � .• � 12. Agrees that this Agreement is binding on the parties hereto, their heirs, personal representatives, successors and assigns, as the case may be; 13. Agrees that in the event any part of this Agreement is construed as unenforceable, fihe remaining provisions of this Agreement shall be in full force and effect, and ° enforceable as though the unenforceabie part or parts were not included; n� � 14. Acknowledges that h�/she has received from the Executor the entire and final distribution of the devise, or bequest, or legacy to him/her in fihe last will and testament of the decedent will as se#forth in Schedwle A attached hereto and made part hereof. 15. Randy Prince warrants and represents ta th� Executor that he is the surviving spouse and sole beneficiary of Victoria Linn Prince. fN WITNESS WHE�2EOF, we ree to be bound hereby and have signed this � �Agreement this�day of , 2013. Witness: ;� (Seal) R. Edward Linn - (Seal) Paul Linn ,�( ��-�.P��`.''". ;,� ' �Z~ (Seal) Jo athan Linn (Seal) Jacqueiine Linr� Sutton {Seal) Randy Prince � 12. Agrees that this Agreement is binding on the parties hereto, their heirs, personal representatives, successors and assigns, as the case may be; 13. Agrees that in the event any part af this Agreement is construed as unenfarceabie, the remaining provisions of this Agreement shall be in full force and effect, and - �- enforceable as though the unenforceable part or parts were not included; 14. Acknowledgeswthat h�/she has received from the Executor the entire and final distribution of the devise, or bequsst, or legacy to him/her in the last wiN and testament of the decedent will as set forth in Schedule A attached hereto and made part hereof. 15. Randy Prince warrants and represents to the Executor that he is the surviving spouse and sole beneficiary of Victoria Linn Prince. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this � Agreemen#this �day of �k-� , 2013. Witness: �. (Seai) R. Edward Linn (Seal) Paul Linn (Seal) Jonathan Linn ` {Seai) Jacqueline Linn Sutton � � � � {Seal) R dy rince . � e ry, ,��r � %� � 12, Agrees that this Agreement is binding on the parties hereto, their heirs, persona! representatives, successors and assigns, as the case may be; 13. Agrees that in the event any part af this Agreement is construed as unenfarceable, fihe remaining provisions of this Agreement shall be in full farce and effect, and - enforceable as though the unenforceable part or parts were not included; ,, . 14. Acknowledges �hat tie/she has received from the Executor the entire and final distribution of the devise, or bequest, or legacy to him/her in the last will and testament of the decedent will as set forth in Schedule A attached hereto and made part hereof. 15. Randy Prince warrants and represents to the Executor that he is the surviving spouse and sole beneficiary of Victoria Linn Prince. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this ;�G Agreement this �2 day of—��__, 2013. Witness: � (Seal) R. Edward Linn (Seal) Paul Linn (Seal) Jonathan Linn �,..,. , '� �--, ��r X �... lt� _ eal) J q ine Linn Suttan (Seal) Randy Prince