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Home My WebLink About05-21-10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: Estate of ROBERT W. HENNING File Number 21-10-0266 STATUS REPORT UNDER RULE 6.12 Name of Decedent: Date of Death: File Number: ROBERT W. HENNING 06/08/2009 21-10-0266 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 X No 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. It the answer to No. 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: N/A 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 informal accounts may be filed with the Clerk of the Orphans' Court and may be attached to this report. Date 1 ~`~~ Virg' H. Henning, Esquire Supreme Court LD. No. 200356 Scaringi & Scaringi, P.C. ~ . ~ ~`" ~ ,,: ~" 2000 Linglestown Road, Suite 106 u.x .- cY'~ ~ - ' Harrisbur PA 17110 g' ~ = a ° ~~ (717) 657-7770 oj~ce ~ ~;'_, - ~ Capacity: ~ ~ _ Personal Representative n ~ _ N ~ 11 X Counsel for Personal Representative ~ . _.._. c ~'~' ~f.: r a3 - ~` ~ ac o v ~ o FANIILY SETTLEMENT AGREEMENT This Agreement entered into this ~ day of !~ , 2010, by and between HELEN S. HENNING in her capacity as Executrix under the Will dated April 9, 1980, of ROBERT W. HENNING, Deceased, .and HELEN S. HENNING (individually), sole beneficiary of the estate. For purposes of this agreement, when HELEN S. HENNING is referred to in her fiduciary capacity, the term `Executrix' will be used and, when she is referred to in her individual capacity, she will be referred to by her first name. BACKGROUND 1. ROBERT W. HENNING ("Decedent") died on June 8, 2009, a resident of Cumberland County, Pennsylvania, leaving a Will dated Apri19, 1980. 2. Decedent's Will was admitted to probate by the Register of Wills of Cumberland County on March 17, 2010, and letters testamentary were issued to HELEN S. HENNING, as Executrix. 3. In his Will, Decedent named his wife, HELEN S. HENNING, as the sole beneficiary. 4. The Executrix advertised the grant of letters Testamentary, prepared and filed an Inventory of Decedent's property, prepazed and filed a Pennsylvania Inheritance Tax Return, and prepared and filed Decedent's final federal, state and local income tax returns, and paid the appropriate taxes thereon. 5. The Executrix has paid all the taxes, debts and expenses of the estate known to her, and has no knowledge of any unpaid claims, absolute or contingent, which may be asserted against the estate nor does she have any reason to believe there aze any such claims. 6. The Executrix has completed the administration of the estate and has distributed the net assets of the estate to herself, HELEN S. HENNING, the sole beneficiary named in the Will. 7. HELEN S. HENNING desires that this Family Settlement Agreement make unnecessary the filing an accounting in the Orphans' Court Division of the Court of Common Pleas of Cumberland County. 8. HELEN S. HENNING is the Executrix of the estate and only beneficiary of the estate, and as such has examined all of the records regazding the estate, and is waiving her individual right to an accounting, formal or informal. AGREEMENT In consideration of the willingness of the Executrix to distribute and terminate the estate in accordance with the terms of the Will without the protection afforded her by a formal adjudication of an Executor's account, HELEN S. HENNING, the undersigned beneficiary, individually and with respect to her heirs, personal representatives, successors and assigns, hereby: 1. Acknowledges that she has read this Agreement and represents that the facts set forth above are true and correct to the best of her knowledge, information and belief. She further acknowledges that she is familiaz with the provisions of the Will of Decedent; 2. Waives the filing of a formal account of the administration of this estate, with respect to the income and principal thereof, in any court which has jurisdiction, in particulaz, the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania; 3. Declares that she has examined and understands the Executor's administration of the estate, and finds the Executor's work to be true and correct in all particulazs; accepts and approves it with the same force and effect as if a formal account had been prepazed and duly filed with, audited, adjudicated and confirmed absolutely by such court which has jurisdiction over this estate, and, as if the balance of principal and income had been awarded by said court in accordance with this Agreement and the account and statement; 4. Warrants that she knows of no outstanding and unsatisfied claims against the estate and approves the distribution of the balance of principal and income to herself, the sole beneficiary; 5. Absolutely and irrevocably releases and dischazges the Executrix, her personal representatives, heirs, successors and assigns, from any and all actions, liabilities, claims and demands, including specifically but not limited to liability arising in connection with any mistake of fact or law, or negligent or careless act or omission by the Executrix, in connection with the administration and distribution of assets, without a formal court accounting and adjudication; 6. .Agrees to refund to the Executrix such part or all of the distributive shaze which has been or is being distributed to her which may at any time be' determined to have been an erroneous distribution to us regazdless of the cause of such error, even if attributable to negligence; 7. Agrees that any period of limitation of actions for the collection for any erroneous distribution to herself shall commence only at such time as the Executrix has obtained actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start earlier than the actual discovery thereof by the Executrix. ..- 8. With respect to any distributions of income or principal, which she has received, or will receive upon execution of this Agreement, agrees to indemnify and hold harmless the Executrix, her personal representatives, heirs, successors and assigns, from any liability, loss or .expense (including but not limited to costs and counsel fees), arising from any- cause whatsoever, which may be incurred by the Executrix as a result of the administration of this estate or distribution in accordance with this Agreement including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death taxes and federal, state and local income taxes, together with any interest and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of fact or law; and 9. Agrees that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, we agree to be bound hereby and have signed this agreement this ~U day of ~l~y , 2010. Witness: HELEN S. HENNING, Bene ciary A l'Z5l , Witness: HELEN S. HENNING, COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN :SS.: On the ~0 ~ day of C(. , 2010, before me, the subscribing witness, a Notary Public, in and for the Common ealth of Pennsylvania, personally appeared the above-named HELEN S. HENNING (who signed this Agreement both as a beneficiary and the Executor) and in due form of law acknowledged the foregoing Family Settlement Agreement to be her act and deed and desired the same to be recorded as such. Witness my hand and Notarial Seal the day and year aforesaid. (SEAL) Notary P~ 'c My Commission Expires: .~...... NOTNIAt NAt MAR1f l ~y h~ ~Y~OIINWMM1w1! OWINlIN~l~MAll IMy Coo~nw~Ma+ lMpMN Oaf !~. !Ot t