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Home My WebLink About06-23-10. , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION In re: Estate of Mary E. Hughes :File Number 2009 - 00472 STATUS REPORT UNDER RULE 6.12 Name of Decedent: Estate of Mary E. Hughes Date of Death: OS - 15 - 2009 ', File Number: 2009 - 00472 PA File Number: 21 - 09 -0472 Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the followin~ 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 Yes No X b. The separate (hphans' Court No. (if any) for the personal account is: r,~a c. Did the personal representative state an account informally to~the parties in interest? No Not necessary because the only "partv in int rest" was the gersonal representative who was also the only legatee. d. Copies of receipts, releases, joinders and approvals of form or informal accounts may be filed with the Clerk of the Orphans' Co and may be attached to this report. See attached Famil Settlement A nt. Date: ~ ii_ ~~•~ 1"~ ~ c ; ~A - ~ ~ ~o ' ~. t i_~ ~. iJ N ~ w R. ~ ~= :_~ o o~ __.. ~, c.> r Mel a Walz Scaringi PAS preme Court ID No. 8834 Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 1 Harrisburg, PA 17110 (717) 657-7770 Capacity: X Personal Representative Counsel f~r Personal Representaative ~I ICI _ , FANIILY SETTLEMENT AGREEMENT This Agreement entered into this day of ~~ , 20 f Q,j by and between PAULA A. PETER in her capacity as Executrix der the Will dated Oct~ber 10, 2006, of MARY E. HUGHES, Deceased, and PAULA A. PETER (individually), esiduary legatee of the estate. For purposes of this agreement, when PAULA A. PETER is ferred to in her fiduciary capacity, the term `Executrix' will be used and, when she is referre to in her individual capacity, she will be referred to by her first name. ', BACKGROUND 1. MARY E. HUGHES ("Decedent") died on May 15, 2009, a resident of Cumberland County, Pennsylvania, leaving a Will dated October 10, 2006. 2. Decedent's Will was admitted to probate by the Register of Wills of Cumbe land County on May 21, 2009, and letters testamentary were issued to PAULA A. PETE , as Executrix. 3. In her Will, Decedent named her daughter, PAULA A. PETER, as the sole legatee. 4. The Executrix advertised the grant of letters Testamentary, prepazed and fil d an Inventory of Decedent's property, prepared and filed a Pennsylvania Inheritance T Return, and prepared and filed or will prepaze and file Decedent's final federal, state and to al income tax returns, and has paid or will pay the appropriate taxes thereon. 5. The Executrix has paid or will pay all the taxes, debts and expenses of the a fate known to her, and has no knowledge of any unpaid claims, absolute or contingent, which ay be asserted against the estate nor does she have any reason to believe there aze any suc claims. 6. The Executrix has completed the administration of the estate and has distributed the net assets of the estate to herself, PAULA, the residuary legatee named in the Will. 7. PAULA desires that this Family Settlement Agreement make unnecessary a filing an accounting in the Orphans' Court Division of the Court of Common Pleas of Cum rland County. 8. PAULA 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 ~o an accounting, formal or informal. ', AGREEMENT In consideration of the willingness of the Executrix to distribute and termina a the estate in accordance with the terms of the Will without the protection afforded her b~y a formal adjudication of an Executor's account, PAULA, 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 fads set forth above aze true and correct to the best of her knowledge, information and belief. Sl~e further acknowledges that she is familiaz with the provisions of the Will of Decedent; I, 2. Waives the filing of a formal account of the administration of this estate, th respect to the income and principal thereof, in any court which has jurisdiction, in particulaz, e Orphans' Court Division of the Court of Common Pleas of Cumberland County, P Sylvania; 3. Declazes that she has examined and understands the Executor's administra on of the estate, and finds the Executor's work to be true and correct in all particulars; accep 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 j 'sdiction over this estate, and, as if the balance of principal and income had been awazded b said court in accordance with this Agreement and the account and statement; ', 4. Warrants that she knows of no outstanding and unsatisfied claims against estate and approves the distribution of the balance of principal and income to herself, the resi uary legatee; 5. Absolutely and irrevocably releases and dischazges the Executrix, her perso representatives, heirs, successors and assigns, from any and all actions, liabilities, c aims and demands, including specifically but not limited to liability arising in connection wi any mistake of fact or law, or negligent or cazeless act or omission by the Executrix, in onnectio: with the administration and distribution of assets, without a formal court accountin and adjudication; 6. Agrees to refund to the Executrix such part or all of the distributive shaze w 'ch has been or is being distributed to her which may at any time be determined to have bee an erroneous distribution to us regazdless of the cause of such error, even if attributabl to negligence; 7. Agrees that any period of limitation of actions for the collection for any erro eous distribution to herself shall commence only at such time as the Executrix has obtain d actual knowledge of such erroneous distribution and that in no event shall the obligation t collect any erroneous distribution start earlier than the actual discovery thereof by the Exec trix; 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 th~ Executrix, her personal representatives, heirs, successors and assigns, from any liabi ity, 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 administratior} of this estate or distribution in accordance with this Agreement including, but not limited toy, any liability for any federal estate tax, Pennsylvania inheritance tax or any other death ltaxes and federal, state and local income taxes, together with any interest and costs incidentail 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 l~w; and 9. Agrees that this Agreement shall be governed by the laws of the Commonv~ealth of Pennsylvania. IN WITNESS WHEREO , we agree to be bound hereby and have signed (this agreement this day of , 20~. Witness: .. Witness: PAU A A. PETER, Beneficiary PAULA A. PET Executrix COMMONWEALTH OF PENNSYLVANIA COiJNTY OF ~'-- 1 ~~ :SS.: !,, On the ~- da of h.~ -____ Y u- 201 a ,before me, the subscrib I g witness, a Notary Public, in and for the Commonwealth of Pennsylvania, personally appeared t~e above-named PAULA A. PETER (who signed this Agreement both as a beneficiary d the Executrix) and in due form of law acknowledged the foregoing Family Settlement Agr~ement 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. _-.~~~.) ~/~ Notary Public My Commission Expires: .....~ NOTiMgAI ~EA~••`r IIAIAN0~1 L _ _~~ ~ O~IIMNN C01~!'fl- ~ CMM~MMM t~I1N ~ ~~ 1014 __