Loading...
HomeMy WebLinkAbout04-21-08 STATUS REPORT UNDER RULE 6.12 Name of Decedent: Margueritte E. Schaeffer Social Security No. 198-22-9297 Date of Death: June 9, 2006 Will No. Register File No. 2006-00530 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: Yes~ No 2. lfthe answer to # 1 IS No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to # 1 is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No X b. The separate Orphans' Court No. (if any) for the personal representative's account is: c. Did the personal representative state an account informally to the parties in interest? Yes _X _ No d. Copies of receipts, releases, joinders, and approvals of formal or information accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. - Copy of Estate Settlement Agreement, dated January 25, 2008, attached. Date: April 18, 2008 Signature: ---~C29...[E, Name: Jeffr . Boswell Esquire Address: 315 North Front Street, Harrisburg, P A, 17101 Telephone: (717) 236-9377 Capacity: _ Personal Representative X Counsel V' 'I/,--;'. :' :'. '.:,. "\!Ilr'\ ),0 \.....v 'Yt.~: ttl...........!. J lurlO'" S ~ iW' 'd\...!O o ...1 ,"nli :..J :!O >JU3l8 92 :21 Wd I Z ~dV BG~l 0) ESTATE SETTLEMENT AGREEMENT .~~ THIS AGREEMENT is made as of the ~ day of January, 2008, between JOHN A. SCHAEFFER, Executor of the Estate of Margueritte E. Schaeffer (herein referred to as "Executor"), and JOHN A. SCHAEFFER, of 202 Kraus Drive, Valporaiso, Indiana 46383, decedent's son, residuary legatee, and beneficiary of the estate (herein referred to as "Beneficiary"). In accordance with their desire that the administration of the Estate of Margueritte E. Schaeffer be completed, and in consideration of the mutual covenants expressed, the stated Executor and Beneficiary, intending to be legally bound agree, as follows: 1. Margueritte E. Schaeffer died on June 9, 2006. 2. Letters Testamentary were granted unto John A. Schaeffer, as Personal Representative or Executor by the Register of Wills of Cumberland County on June 14,2006. Jeffrey R. Boswell, Esquire has served as legal counsel. 3. In July, 2006, counsel prepared and arranged for the publication of the required legal advertisements in The Sentinel and the Cumberland Law Journal, which proofs of publication are attached as Exhibit "A" and "B." 4. The Executor established an estate checking account at Sovereign Bank (Acct. No. XXXXXX8189) and paid therefrom the unpaid expenses of administration, debts, and inheritance tax. The Beneficiary advanced personal funds sufficient to pay the probate cost. 5. The Beneficiary acknowledges receipt ofthe Rule 5.6 Notice regarding notice of his beneficial interest in the estate. Counsel prepared a Certification of Notice Under Rule 5.6 (a) and filed same with the Register of Wills of Cumberland County on or about July 12,2006. 6. The decedent, in her Last Will and Testament, ITEM V, provided for the distribution of her residuary estate to her son, John A. Schaeffer. -1- 7. The decedent died owning no jewelry or miscellaneous personal property of significant value. 8. After review by the Executor, counsel filed the Inventory and the Pennsylvania Inheritance Tax Return on or about January 18,2008. 9. The Executor did not file Fiduciary Income Tax Returns, as there was no taxable income for the tax year 2006 and the tax year 2007. 10. The Executor will complete the estate administration, including the payment of class 3 (priority) creditors prorated, and will then close the estate checking account upon receipt of the final Notice ofInheritance Tax Appraisement from the Department of Revenue, Inheritance Tax Division, which will acknowledge that the Pennsylvania Inheritance Tax Return (REV -1500) was accepted and that no tax is due, as the estate is INSOL VENT. 11. The Executor paid administrative expenses and priority claims of creditors and will complete remaining administrative details, as noted in this agreement. 12. Counsel contacted the Department of Public Welfare ("DPW"), as required, pursuant to the Welfare Recovery Act, and counsel received notice of DPW's claim for restitution of medical assistance payments. The Executor reimbursed DPW, as required, pro rata with other class 3 claims, as to its claim of $16,864.99, comprised of a class 3 claim of $16,238.35 for medical expense during the last six months and decedent's life and a class 6 claim for expense incurred outside the priority period. The Executor paid the class 3 claim to the extent possible given the estate's limited assets and insolvency. (J)~ tv./ze /2tJ~ c'-d^~_.J;. o-t-tD,fQ....otJ 13. Counsel will file a copy of this Estate Settlement Agreement with the Register of Wills to be made part of the official record, and counsel explained in a letter dated January 16,2008 (sent with this Estate Settlement Agreement), addressed to John A. Schaeffer that there will be no distribution to Beneficiaries because the estate is insolvent. -2- 14. Counsel has prepared and will file with the Register of Wills a rule 6.12 report noting that the estate administration is complete after the occurrence of the following events: (a) The payment of final administrative expenses; (b) The settlement of Pennsylvania Inheritance Tax; and (c) The filing of a copy of the Estate Settlement Agreement. 15. The parties, and each of them, hereby forever fully release, compromise, settle, and discharge any and all claims, demands, actions, or causes of action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any of them may have against each other and any other party hereto or against the Estate ofMargueritte E. Schaeffer, or the agents ofthe estate, including accountants and attorneys, by reason of any matter, cause or things growing out of or relating to any property or assets of said estate, or growing out of or relating to any act of the Executor in his administration ofthe said estate, even if attributable to negligence, and agree that any period of the limitation as to actions on claims and distributions shall commence only at such time as the Executor shall have obtained actual knowledge of said claims or distributions, which period shall end two (2) years after actual discovery. 16. The Executor and Beneficiary acknowledge that if it is determined that ifthere is any additional tax liability (including interest and penalties) or any other proper debt, counsel will notify the claimant that the estate is insolvent. 17. The parties agree that this Estate Settlement Agreement shall be an Acknowledgment and Release as to the payment of estate debts and administration expenses. 18. The parties agree to execute such additional documents and releases as the Executor may submit to them in order to complete any administration details to confirm his discharge from any further liability to the parties in connection with the said estate. -3- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. DATE: {- ~ ~-D\'.. (VL.- {; ( lA~\.- John A/ chaeffer, Executor ofth Margu~( te E. Schaeffer t' DATE: 1-~. <; -{)g ~ 1 . ~\ ~)~(f~J ~: r:po_'Jt~_LY'_~.-,CL ~'\. O_j..)___0v~J.A ~.~( , 'T>C.({f \ C i. iA~ ~ A V 6\ r ,-t+ t~~~l>-'-J2.A ;) -- 0 b-D & /'\) ') =+ -L~ 'In \ n '{\11 . '. \/ y",v'( "1. }- r() r-t 'f' r- ~ ,0 v ^ I \ . -4- STATE OF INDIANA : 55. COUNTY OF~O ri';P V- On this, the ~ ~~ay of ~ V\ 'J ?\.1{''-7 ' 2008, before me, the undersigned, personally appeared John A. Schaeffer, who acknowledged himself to be the Executor of the Estate of Margueritte E. Schaeffer, Deceased, and executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OCt~:JY'J-.LJ~ ~ UJJ-a,l/I.',p NOTARY PUBLIC 'roi:t r-\ ((~{~ M A vrxv-t+t Sf/fVJ;J.L:L d.- - f) 10 --- 0 ~ STATE OF INDIANA COUNTY OF 'Yo 'r-{,'-~ r : 55. On this, the ),C~ay of <. )" rvt~. r'j ,2008, before me, the undersigned, personally appeared John A. Schaeffer, who acknowledged himself to be the Beneficiary and Residuary Legatee of the Estate ofMargueritte E. Schaeffer, and executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~Q~:M NOTARYPU Ie (-Ptt.'i-t'\ C l:-t M A v~ I{'I-H ~ :l. ~- w-_oR ~ i~lcc PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) luly 14, 21, 28, 2006 COpy OF NOTICE OF PUBLICATION ilY! '----;~-~~E:o-~f~iH'if.H'n~ rUl NOTICEISf.iEREBYGIVEN Ih.u 1M Re91~ter ofWjJls has granted;lellersTeslamenlji,y IpIM,person.. ; named. All persons having C'!lrm~ or ~~lTlands agaihSt !hees~le ar!! requested to m@k~kFlown.theclairhOr ' demand, an~ an peflions Indebted 10 thellst@lll are requestedto makepliymenl, Wllhol.!t dillay to the Executorof,{O hisallpmeys named beiow:' . Affiant further deposes that he / she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of 3::~7~ , '. - ..'- . -' . The. Eslateof N1ARGUERITT.E.SCHAEFF~R lale of Ihe Borough of Camp Hill, Cc)unty. .0fCun1berla~d and State of Pennsylvania. Executor: 'John A. Schaeffer 202 Kratls Drive Valparalsa, INA~3!l3 Attorney: JeffreyR.~osw~II, E~l.1uiFe." 6.pswel!. Tfnlner, Piccala $. Alford 315 North FronfStreef P.O..Box 741 Hairlsblirg, PA 17108.0741 Sworn to and subscribed before me this 31st. day of July 2006. rlA./I AitxAa , If. ~ Notary P ic My commission expires: q f /O~ COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wdfe. Notary Public carlisle Boro, Cumbefland County My Commi$Sion Expires Sepl1. 2008 Member. Pennsylvania Association Of Notaries Exh;b J'f t3 PROOF OF Pllg, IN CUMBER! (,inder Act No. 587,ip: : COMMON\VEALTH OFPENNSYLVA;~L\ COUNTY OF CUl\'lBERLAND ~w rl/"{J& 'ATION OF NOTICE <D LA \V JOURNAL \'cd May 16, 1929), p, L.1784 ss. Lisa Marie Coyne, Esquire, Editor i the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, accordill~E tu law, deposes and says that the Cumberland Law Journal, a legal periu;"..;al published in tne di 'r dugh of Carlisle in the County and State aforesaid, was established Jail! ary 2, 1952, and dC~:i,,~nated by the local courts as the official legal periodical for the puhlication of all legal 1101 ,,;;s, and has, since January 2, 1952, been regularly issued weekly in th"aid County, and thin 1:(: printed notice or publication attached hereto is exactly the same as was printed in the regu Ii' editions and issues of the said Cumberland Law Journal on the follOWing dates, V1Z: July 21, JL;.~y 28, and August 4,' Affiant furth deposes that he IS ( Law JournaL a legc\criodical of genen:i i matter of the afore ,id notice or ache" statement: as to tin: i)lace and character 0 Schaeffer. Margueritte E., dec'd. Late of the Borough of Camp Hill. Executor: John A. Schaeffer. 202 Kraus Drive. Valparaiso. IN 46383. Attorneys: Jeffrey R. Boswell, Esquire. Boswell. Tintner. Piccola & Alford, 315 N. Front Street. P.O, Box 741, Harrisburg, PA 17108-0741. i;ized to verify this statement by the Cumberland ,ation, and that he is not interested in the subject ".::nt, and that all allegations in the foregoing d i cation are true. ~~/kfi- , isa Marie Co e, EdItor L.--'..... \, () RN TO AND SUBSCRIBED before me this ~day of August, 2006 ~~4A/Il~ L~ Notary ~~~'~':'" NOTARIAl. SEAL DEBORAH A COWNS Notary Public: CARLISLE BORO. CUM8eRtANO COUNTY My COlTlI'JlIssIon expires Apr 2'.2010 /-;::- -J i~ , j-ry >f /~