HomeMy WebLinkAbout06-01-15 (7) IN RE: ESTATE OF BENJAMIN IN THE COURT OF COMMON PLEAS
S. PETERS, JR. OF CUMBERLAND COUNTY, PENNSYLVANIA
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NO.2012-01101
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RECEIPT,REFUNDING,RELEASE
AND INDEMNIFICATION AGREEMENT
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I. WHEREAS,the circumstances leading up to the execution of this instrument are a {
follows:
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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 1.6, 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. 671.2-1.660;
E. 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 the share of
the estate to be made to the Estate of Steven E. Bordner be made 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 her 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, information and belief;
B. Declares that he has examined the Account of Jennifer Goodyear, Administratrix
of the Will of the decedent,that he finds it to be true and correct in all particulars, and that he
accepts and approves it with the same force and effect as if it had been duly filed with, audited,
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 Estate of Steven E. Bordner;
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 the Estate of Steven E. Bordner in
accordance with said Account and in conformance with the decedent's Will;
D. Acknowledges the prior receipt of the real estate located at 3025 Columbia
Avenue, Camp Hill, Pennsylvania(having a value 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 the Estate of Steven E. Bordner's remaining right,title
and interest in and to the principal of the estate of decedent: $14,013.76.
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 Estate of
Steven E. Bordner 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;
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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 Estate of Steven E. Bordner 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; and
I. 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;
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 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: J �� �M;�1. (SEAL)
Steven E. Bordner, Jr., Administrator of the
Estate of Steven E. Bordner
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS.
On this,the Cil& day of Ku , 2015, 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.
Notary ublic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Janet M.Fisher,Notary Public
Lemoyne Boro,Cumberland County
My Commission Expires Oct.19,2016
MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES
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