HomeMy WebLinkAbout06-01-15 (5) IN RE: ESTATE OF BENJAMIN IN THE COURT OF COMMON PLEAS
S. PETERS, JR. OF CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 2012-01101M M
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RECEIPT, REFUNDING, RELEASE =1" +- '
AND INDEMNIFICATION AGREEMENT - c>
WHEREAS, the circumstances leading up to the execution of this instrument are a� rn
follows:
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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";
A copy of the Will of the decedent has been provided to the undersigned, a beneficiary of
the decedent's estate;
The undersigned has requested that a partial distribution in the amount of One Hundred
Thousand ($100,000) Dollars be made to her 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 Receipt and Release Agreement by the undersigned;
NOW THEREFORE, the undersigned, in consideration of the foregoing and intending to
be legally bound hereby:
1. Waives an audit of any account by the Administratrix 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 to her in the amount set
forth above.
2. Effective upon receipt, acknowledges receipt of a partial distribution in the
amount set forth above.
3. Does absolutely and irrevocable remise, release, quit -claim and forever discharge
Jennifer Goodyear, individually and as Administratrix of the Will of the decedent, her heirs,
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executors, administrators, successors and assigns, of and from any and all actions, reckonings,
liabilities, claims and demands relating in any way to the estate of decedent.
4. Agrees to return to Administratrix any amount which may at any time be
determined to have been an erroneous distribution to her 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.
5. Agrees to indemnify and save harmless Jennifer Goodyear, to the extent of the
assets received by the undersigned from Administratrix, against all liability, loss or expense
(including but not limited to costs and counsel fees) as a result of this distribution, as herein
referred to, made by the Administratrix pursuant to this instrument and without the filing, audit,
adjudication and confirmation of any Account.
6. Declares it to be her intention that this instrument by governed by the laws of the
Commonwealth of Pennsylvania, and that it shall be legally binding upon her heirs, executors,
administrators and assigns.
IN WITNESS WHEREOF, the undersigned has hereunto set her hand and seal the day
and year set forth below.
Date: _ c� 7 1z) 1 (SEAL)
Je iiter Goodye r
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN SS.
On this, the day of October, 2014, before me, a Notary Public in and for the
said State and County,personally appeared Jennifer Goodyear, known to me(or satisfactorily
proven) to be the person whose name is subscribed to the foregoing agreement and
acknowledged that she executed the same for the purposes therein contained and desires that the
same be recorded as such.
WITNESS my hand and seal. TAAZ�_
COMMONWEALTH OF PENNSYLVANIA
Notary Public
NOTARIAL SEAL
KENDRA A.MOHR,NOTARY PUBUC
LONDONDERRY TWP,DAUPHIN COUNTY
MY COMMISSION EXPIRES JUNE 14,201?
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