HomeMy WebLinkAbout07-18-14 (2) ORPHANS' COURT DIVISION
COURT OF COMMON PLEASE OF CUMBERLAND COUNTY
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Estate of Robert L. Burleson, : �� �.::.' :.xr
Deceased : No. 21-11-0444 � � _ �- �??��'
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RECEIPT & RELEASE AGREEMENT n �') `�•' �� `�
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The circumstances leading up to the execution of this instrument are as follows:
1. Robert L. Burleson, hereinafter referred to as "the decedent', died on April
2, 2011, a resident of Hampden Township, Cumberland County, Pennsylvania,testate,
with said estate being duly probated by the Register of Wills of Cumberland County on
April 7, 2011 as No. 21-11-0444, and on which Letters Testamentary were granted the
same day to John E. Burleson of the estate of decedent,hereinafter sometimes referred to
as "Executor".
2. The estate assets consist of one-half ownership in real estate, stock,
checking account and a vehicle.
3. The Pennsylvania Bureau of Individual Taxes, Inheritance Tax Division,
issued a Notice of Inheritance Ta�c Appraisement, Allowance or Disallowance of
Deduction and Assessment of Tax dated October 1, 2012 that accepted the filing of the
Inheritance Ta�c Return�esident I'ieceden�nied July�, 2G12.
4. The Executor has offered to make available for review all information
with regard to the assets and liabilities of the said estate and the undersigned has either
reviewed or elected not to make such review.
5. The undersigned acknowledges receipt of all monetary funds and items to
which he is entitled under the Estate of Robert L. Burleson as set forth in the attached
Recapitulation.
6. It is the desire of the undersigned that the distribution of their respective
share of the estate be made to him without the formality of an accounting in the Orphans'
Court Division, Court of Common Pleas of Cumberland County, Pennsylvania, and
Executor has made such distribution.
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The undersigned, in consideration of the foregoing and intending to be legally
bound hereby:
A. Declared that he has examined or had the opportunity to examine the
informal account of John E. Burleson, Executor of the estate 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 on the attached
Recapitulation had been duly awarded to the undersigned;
B. Waives ar�audit of an accoant and of thz administratian cf the estate by
the Orphans' Court Division, Court of Common Pleas of Cumberland County,
Pennsylvania, and Executor has made final distribution of the balance of principal and
income to him in accordance with said Recapitulation;
C. Acknowledges the receipt of the following distribution in full satisfaction
of all his remaining right, title and interest in and to the principal of the estate of decedent
as indicated beside their respective names in the Recapitulation, attached hereto.
D. Does absolutely and irrevocably remise, release, quit-claim and forever
discharge John E. Burleson, individually and as Executor of the Estate of the decedent,
his heirs, executors, administrators, successors and assigns, of and from any and all
actions, reckoning, liabilities, claims and demands relating in any way to the estate of
decedent;
E. Agrees to refund to Executor any amount which may at any time be
determined to have been an erroneous distribution to him regardless of the cause of such
distribution, and agrees that any period for the limitation of actions for the collection of
any enoneous distribution shall commence only at such time as Executor 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 that the Orphan's Court Division, Court of Common Pleas of
Cumberland County, Pennsylvania, may, by its Decree, confirm the said account and
discharge Executor;
G. Agrees to indemnify and save harmless John E. Burleson, as Executor, or
in his individual capacity, or both, against all liability, loss or expense (including but not
limited to costs and counsel fees) as a result of this settlement of the estate and the
distribution, as herein referred to, made by him pursuant to this instrument and without
the filing, audit, adjudication and confirmation of an account; and
H. Declares it to be his intention that this instrument be governed by the laws
of the Commonwealth of Pennsylvania, and that it shall be legally binding upon his heirs,
executors and assigns.
I. This Receipt&Release Agreement may be executed in any number of
counterparts and each such counterpart shall be deemed to be an original, but all such
counterparts together shall constitute but one Agreement.
IN WITNESS WHEREOF,the undersigned have hereunto set their hand and seal
the day and year set forth after the signature of the undersigned.
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Date: / , 2014
Eric L. urleson
G����..-�`-- Date: �/�N� /�, 2014
Alan J. Burleson
RECAPITULATION
Eric L. Burleson - $ ��7, ��O�o . ��
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Alan J. Burleson- $ ��7� � �•