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HomeMy WebLinkAbout06-01-15 (6) • I , 1 ' •. 1 IN RE:.ESTATE OF BENJAMIN IN THE COURT OF COMMON PLEAS S. PETERS, JR. OF CUMBERLAND COUNTY, PENNSYLVANIA 4r-, o rn C, . :7,0 �- :. NO. 2012-01101 -0 P 'Yi rte_ RECEIPT, REFUNDING, RELEASE AND INDEMNIFICATION AGREEMENT I. WHEREAS, the circumstances leading up to the execution of this instrument ar6-tls follows: U' C' c.n 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 the undersigned; D. Administratrix has stated her Account and a copy of said Account has been provided to the undersigned. It is the desire of the undersigned that distribution of her share of the estate 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 snake such a distribution upon the execution and delivery to her of this Agreement by the undersigned. H. NOW THEREFORE, the undersigned, in consideration of the foregoing and intending to be legally bound hereby: A. Represents and warrants that she has read and understands this Agreement, has consulted with such separate counsel as she desires, and agrees that the facts set forth above are true and correct to the best of her knowledge, information and belief, B. Declares that she has examined the Account of Jennifer Goodyear, Administratrix of the Will of the decedent, that she finds it to be true and correct in all particulars, and that she accepts and approves it with the same force and effect as if it had been duly filed with, audited, Page 1 of 3 adjudicated and confirmed absolutely by the Orphans' Court Division, Court of'Common Pleas of Cumberland County, Pennsylvania, and as if the amount shown as distributable had been duly awarded to the undersigned; C. Waives an audit of the 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 final distribution to her in accordance with said Account and in conformance with the decedent's Will; D. Acknowledges the prior receipt of$139,000 and $100,000 as partial distributions from the Estate, and, effective upon receipt;acknowledges receipt of the following final distribution in full satisfaction of all her remaining right, title and interest in and to the principal of the estate of decedent: $14,013.75. E. Does absolutely and irrevocably remise,release, quit-claim and forever discharge Jennifer Goodyear, individually and as Administratrix of the Will of the decedent, her heirs, 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 or the informal distribution pursuant to this Agreement; F. 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 to the undersigned 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; G. Agrees that the Orphans' Court Division, Court of Common Pleas of Cumberland County;.Pennsylvania, may,by its Decree, confirm the said Account and discharge Administratrix; H. 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, Page 2of3 fi made by the Administratrix pursuant to this instrument and without the filing, audit, adjudication and confirmation of an Account; and I. Represents and warrants that she has not disclaimed,renounced, assigned or transferred to any other person or entity the share of the Estate which she is entitled to receive; J. Declares that this Agreement, which shall not be modified except by an amendment in writing signed by the undersigned and Administratrix, contains the entire understanding of the parties and that no representations or promises have been made except as expressly stated herein; and K. Declares that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania, and that it shall be legally binding as an agreement under seal upon the undersigned and 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: (SEAL) Jenn fe Goodyear ACKNOWLEDGMENT COMMONWEALTH ORPENNSYLVANIA COUNTY OF DAUPHIN SS. On this, the 01 day of May, 2015, 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. WITNESS my hand and seal. COMMONWEALTH OF PENNSYLVANIA NOTARIALSEAL* Notary Public KENDRA A.MOHR,'NOTARY PUBLIC LONDONDERRY TWP,DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 14,2011 Page 3 of 3