HomeMy WebLinkAbout03-27-08
FRml PH I L SANDERS
PHOHE NO.
717 732 6388
Feb. 28 2008 03:31PM P2
Pa. O.C. Rule 6.12 STATUS REPORT
REGiSTER OF WILLS OF C \,)~lfJ J
COUNTY, PENNSYLV/\NIA
Name of Deccdent:---I~~ T 5A~qJ~
?,- ~J .. d.o:Q~
Date of Death:
File Number:
OC1t)~~_.
Pursuant to Fa, O.c. Rule 6,12, 1 report the following with respect to completion of i:he admieistration of
the abovc-cap:ioned estate:
. 1, S:t:at'f whe.thef administration of the estate is complete: , ' . . . , .
~Yes
DNa
2 If the answer is No, slall; when the personal representative
reasonably bc1i(:ves that the administration will be complete:
3. If the answ<:r to NO.1 IS YES, stat~ the following:
a. Did the personal representative file a tinal account with the Court? . ,
.. DYes ~"\Jo
b, The separate Orphan~' Court No. (if any) for the personal
Ttlpret;cntative's account is:
c- Did the personal represeutative state an account
informally to the parties In interest? '.,.....',
~\'
',::a,'"
. ~.~
ONo
d. Copies ofrecelpts. r.:;;leases, Joinders and approvals of formal or ll1fon11al account:;; may b~
fi Id with the Clerk l.)f the Orphans' Court and may be attached to this report
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Capa';lty: DPersonal Reptese:1te.r.ive
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IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
NO. 21-06-0434
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ESTATE OF TAMARA J. SANDERS, DECEASED
LATE OF HAMPDEN TOWNSlllP, CUMBERLAND COUNTY, PENNSYLVANIA
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F AMIL Y SETTLEMENT AGREEMENT WAIVING FILING OF ACCOUNT
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THIS AGREEMENT, executed this ~ day of fl tIl. t{ , 2007,
by and between Phillip M. Sanders, Executor ofthe Estate of Tamara J. Sanders, Jessica
KnittIes, Jennifer Sanders, and Phillip M. Sanders, individually:
WITNESSETH:
WHEREAS, Tamara 1. Sanders died on March 27, 2006, leaving her Last Will
and Testament dated September 22, 1995;
WHEREAS, on May 19, 2006, Letters Testamentary were granted by the
Register of Wills of Cumberland County, Pennsylvania to Phillip M. Sanders;
WHEREAS, the estate was duly advertised in the Harrisburg Patriot News on
June 1, June 8, and June 15, 2006 and in the Cumberland County Law Journal on June 2,
June 9, and June 16,2006; and
WHEREAS, an Inheritance Tax Return was prepared and filed with the
Commonwealth of Pennsylvania on December 29, 2006; and
WHEREAS, The Commonwealth of Pennsylvania, Department of Revenue, has
determined the Inheritance Tax owing to the Commonwealth by virtue of the death of
Tamara J. Sanders, as evidenced by the Notice ofInheritance Tax Appraisement,
Allowance or Disallowance of Deductions and Assessment of Tax dated March 19,2007.
WHEREAS, the Executor has proceeded with the administration of the Estate
consisting of principal assets in the amount of$45,411.23 and income of$1174.12; and
WHEREAS, the only parties in interest in the Estate are the above named parties;
and
WHEREAS, the parties hereto desire that they not be required to file said
Account with the Orphans' Court of Cumberland County, and that the net estate of the
decedent shall be distributed without the necessity of filing a formal account.
NOW THEREFORE, the parties hereto, intending to be legally bound hereby,
mutually agree as follows:
I. The parties hereto, and each of them, agree and acknowledge that they have
fully and carefully examined the First and Final Account of Phillip M. Sanders, Executor,
and the Schedule of Distribution related thereto and find them to be true and correct and
acceptable to the parties hereto, and further, each of them have received a copy of this
Agreement and of the First and Final Account and Schedule of Distribution.
2. The parties hereto do hereby release, remise and forever discharge the Estate
of Tamara 1. Sanders, Deceased, and Phillip M. Sanders, Executor, of and from all
manner of acts, suits, claims, accounts, accountings, debts, dues, and demands
whatsoever which they or any of them or legal representatives or assigns may at any time
hereafter have against the said Executor, the estate or the assets thereof, from, for,
touching or concerning any of the assets and property of the said Estate and/or any claim
or interest thereto or therein, and the administration, management, collection, sale or
distribution of any of the said assets and for or on account of any money, interest,
income, assets or proceeds out of the same, from the time of the death of the said
decedent to and including the date of this Agreement and Release.
3. This Agreement is a full and final Family Settlement Agreement by and among
the parties hereto, both fiduciary and individual, all of the same having been arrived at,
concluded and executed after a full and complete disclosure of the assets of the said
Estate and the rights of the parties therein and thereto and all the parties hereto, and each
of them, agrees to abide by the terms hereof
4. The parties hereto, and each of them, agree that they will at all times in the
future and whenever necessary, appropriate or convenient, make, execute and deliver to
each other, and/or to the other party or persons, any and all instruments, documents,
conveyances, deeds, releases or other instruments of any kind necessary or convenient to
carry out the intention of this Agreement and/or to permit, assist and enable each other to
fulfill their duties with reference to the said Estate and all assets thereof
5. This Agreement constitutes the entire understanding among the parties hereto,
and each of them acknowledges that no representations or statements of any kind, written
or oral, have been made to them or any of them prior hereto by the Executor, or by any
other person or party upon their behalf
6. Each of the parties hereto agree to indemnify and hold harmless to the extent
of the distribution hereunder Phillip M. Sanders, in his capacity as Executor, his heirs,
executors, administrators and assigns, from and against any and all claims, losses,
liabilities and damages, whether or not caused by the negligence which may they suffer,
or to which they may be subjected by reason of the administration of the Estate of
Tamara 1. Sanders, Deceased, and the distribution of the items hereunder is in satisfaction
of the rights to inherit under the Will of Tamara J. Sanders, Deceased, and the
distribution hereunder is in satisfaction prior to an account or approval of the Orphans'
Court of the Court of Common Pleas of Cumberland County, Pennsylvania and said
indemnity includes, but is not limited to, liability for any federal estate tax, Pennsylvania
Inheritance Tax or other death taxes, together with interest and costs incidental thereto
relating in any way to the Estate to the extent of distribution hereunder.
7. Each of the parties hereto understands that claims may, in the future, be made
against the Executor by third parties and each of the parties agrees hereby that in the
event that the Executor is required to make any payment for any reason in satisfaction of
such claim or demand that each of the parties hereto will refund a proportional share of
his or her inheritance to the Executor in satisfaction of such claims and for the defense of
such claim or demand.
8. This Agreement shall inure to the benefit of and shall be binding upon the
parties hereto, and each of them, their heirs, executors, administrators, successors and
assigns.
IN WITNESS WHEREOF, the parties hereto have hereunto set their respective
hands seals the day and year first above written.
~~41.kk
Phillip M. anders, Executor
l~~;.s~~
Final balance of cash in
Estate checking account
ESTATE OF TAMARAJ. SANDERS
SCHEDULE OF DISTRIBUTIONS
Phillip Sanders, in cash
Michael J. Whare (legal fees), in cash
Total Estate distributions
t ~hl~ 1- "A ,\
$ 45,411.23
-$ 44,011 .23
-$ 1,400.00
$ 45,411.23