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IN RE: ESTATE OF BENJAMIN IN THE COURT OF COMMON PLEAS 0 rn'
S. PETERS, JR. OF CUMBERLAND COUNTY, PENN`� VANI* n cD'
NO. 2012-01101 y r- a r
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RECEIPT, REFUNDING, RELEASE
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AND INDEMNIFICATION AGREEMENT �
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I. WHEREAS, the circumstances leading up to the execution of this instrument are as
follows:
A. Benjamin S. Peters, Jr.,hereinafter referred to as "the decedent", died on
September 26, 2012, a resident of Hampden Township, Cumberland County, Pennsylvania,
leaving a Will dated August 16, 2012, which was duly probated by the Register of Wills of
Cumberland County on October 10, 2012, as File No. 2012-01101, and on which Letters of
Administration C.T.A. were granted the same day to Jennifer Goodyear, as Administratrix of the
Will of decedent, hereinafter sometimes referred to as "Administratrix";
B. A copy of the Will of the decedent has been provided to the undersigned;
C. Decedent's Will provides that fifty(50%)percent of the Estate of decedent is to
be paid to Steven E. Bordner;
D. Steven E. Bordner departed this life on October 3, 2012, a resident of York
County, Pennsylvania. Letters of Administration on the Estate of Steven E. Bordner were
granted to Steven E. Bordner, Jr., the undersigned, by the Register of Wills of York County,
Pennsylvania, as File No. 6712-1660;
E. The undersigned has requested that a partial distribution consisting of the
following assets: (1) real estate located at 3025 Columbia Avenue, Camp Hill, Pemisylvania,
having an appraised value of One Hundred Thirty Nine Thousand ($139,000) Dollars, and (2)
One Hundred Thousand ($100,000) Dollars, be made to the Estate of Steven E. Bordner at this
time without the formality of an accounting in the Orphans' Court Division, Court of Common
Pleas of Cumberland County, Pennsylvania, and Administratrix is willing to make such a
distribution upon the execution and delivery to Administratrix of this Agreement by the
undersigned.
II. NOW THEREFORE, the undersigned, on behalf of the Estate of Steven E. Bordner,
in consideration of the foregoing and intending to be legally bound hereby:
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A. Represents and warrants that he has read and understands this Agreement, has
consulted with such separate counsel as he desires, and agrees that the facts set forth above are
true and correct to the best of his knowledge, infonnation and belief;
B. Waives the audit of an account and of the administration of the estate by the
Orphans' Court Division, Court of Common Pleas of Cumberland County, Pennsylvania, and
requests Administratrix to make a partial distribution of the following assets to the Estate of
Steven E. Bordner at this time: (1) real estate located at 3025 Columbia Avenue, Camp Hill,
Pennsylvania, and (2) One Hundred Thousand ($100,000) Dollars;
C. Effective upon receipt, acknowledges receipt of a partial distribution consisting of
the following assets from the Estate of Benjamin S. Peters, Jr.: (1) real estate located at 3025
Columbia Avenue, Camp Hill, Pennsylvania, and (2) One Hundred Thousand ($100,000)
Dollars;
D. Does absolutely and irrevocably remise, release, quit -claim and forever discharge
Jennifer Goodyear, individually and as Administratrix of the Estate of Benjamin S. Peters, Jr.,
her heirs, executors, administrators, successors and assigns, of and from any and all actions,
reckonings, liabilities, claims and demands relating in any way to this informal distribution;
E. Agrees to refund to Administratrix,within ten (10)business days after receipt of
written demand from the Administratrix, such part or all of the amount of said distribution, and
the income from the proceeds therefrom after the date of this distribution, which may at any time
be determined by the Administratrix to have been an erroneous distribution regardless of the
cause of such distribution, and agrees that any period for the limitation of actions for the
collection of any erroneous distribution shall commence only at such time as Administratrix 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. Agrees to indemnify Jennifer Goodyear in her capacity as Administratrix of the
Estate and in her individual capacity, and holds the Administratrix harmless, to the extent of the
assets received by the undersigned from Administratrix, against any and all claims, loss, liability
or damage (including legal fees and costs in connection therewith), whether or not the same is
caused by a mistake that is innocent or negligent, which the Administratrix may suffer or to
which the Administratrix may be subject as a result of the distribution, as herein referred to,
made by the Administratrix pursuant to this instrument and without the filing, audit, adjudication.
and confirmation of an.Account;
G. Represents and warrants that he has not disclaimed, renounced, assigned or
transferred to any other person or entity the share of the Estate of Benjamin S. Peters, Jr. which
the Estate of Steven E. Bordner is entitled to receive;
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H. Declares it to be his intention that this instrument by governed by the laws of the
Commonwealth of Pennsylvania, and that it shall be legally binding upon the Estate of Steven E.
Bordner, its heirs, executors, administrators and assigns.
IN WITNESS WHEREOF, the undersigned has hereunto set his hand and seal the day
and year set forth below.
Date: to1!&�,AA;^.(SEAL)
Steven E. Bordner, Jr., Administrator of the
Estate of Steven E. Bordner
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Cycy&r`cL(NA SS.
On this, the a q4\-$ day of C�e�c►be r , 2014, before me, a
Notary Public in and for the said State and County, personally appeared Steven E. Bordner, Jr.,
Administrator of the Estate of Steven E. Bordner, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the foregoing Agreement and acknowledged that he
executed the same for the purposes therein contained.
WITNESS my hand and seal.
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