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HomeMy WebLinkAbout06-11-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: Estate of Joseph C. Sapochak File Number: 2009-00126 S~'ATUS REPORT UNDER RULE 6.12 Name of Decedent: Date of Death: File Number: Joseph C.Sapochak January 18, 2009 2009-00126 PA File Number: 21-09-0126 !, 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 Court? Yes No X '~ b. The separate Orphans' Court No. if an for the na1 I' rese ' ( Y) perso red ntative s account is: n/a c. Did the personal representative state an account informally to interest? No. Not necessary because the only " in~ irate personal representative who was also the onlYleg_axee parties in d. Date: I Cri tV ~ ~ +~-~ * ~? -- u - ~ c~ ~ ~ m 0 c, c.+ v Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of the Orphans' Court ~nd may be attached to this report. See attached Family Settlement AgreemeTt J n \l Melal~ie Walz Scaringi ~ ~ ' PA Supreme Court ID No. 88347 Scanngi & Scanngi, P.C. 2000 Linglestown Road, Suite 1061 Harrisburg, PA 17110 (717) 657-7770 Capacity: Personal R resentative X Counsel for~ersonal Representatij~ve i ~I __ FAMILY SET (TQLE~ME- NT AGREEMENT This Agreement entered into this ! U day of , 20 ~ 0 , by and between JONATHAN A. SAPOCHAK in his capacity as Ex der the Last Will and Testament dated November 2, 2007, of JOSEPH C. SAPOCHAK, Deceased, and !, JONATHAN A. SAPOCHAK (individually), sole beneficiary of the Estate. For ses of this agreement, when JONATHAN A. SAPOCHAK is referred to in his fiduciary apacity, the term `Executor' will be used and, when he is referred to in his individual capaci~y, he will be referred to by his first name. BACKGROUND 1. JOSEPH C. SAPOCHAK ("Decedent's died on January 18, 2009, a resident' of Cumberland County, Pennsylvania, leaving a Last Will and Testament dated Nove~ber 2, 2007. 2. Decedent's Last Will and Testament was admitted to probate by the Register) of Wills of Cumberland County on February 5, 2009, and letters testamentary were issued to JONATHAN A. SAPOCHAK, as Executor. ', 3. In his Last Will and Testament, Decedent named his son, JONATHAN A. SAPOCHAK, as the sole beneficiary of his Estate. 4. The Executor advertised the grant of letters Testamentazy, prepazed and file an Inventory of Decedent's property, prepared and filed a Pennsylvania Inheritance T Return, and prepared and filed Decedent's final federal, state and local income tax returns, a well as a fiduciary income tax return for the Estate, and paid the appropriate taxes thereon. ', 5. The Executor has paid all the taxes, debts and expenses of the Estate knowY o him, and has no knowledge of any unpaid claims, absolute or contingent, which may be asser~ed against the Estate nor does he have. any reason to believe there are any such claims. 6. The Executor has completed the administration of the Estate and has distributed the net assets of the Estate to himself, JONATHAN, the sole beneficiazy named in the Will. ~I 7. JONATHAN desires that this Family Settlement Agreement make unnecess ~~ the filing an accounting in the Orphans' Court Division of the Court of Common Pleas o~ Cumberland County, Pennsylvania. 8. JONATHAN is the Executor of the Estate. and only beneficiary of the Estate, I and as such has examined all of the records regazding the Estate, and is waiving his individ>al right to an accounting, formal or informal AGREEMENT In consideration of the willingness of the Executor to distribute and termina a the Estate in accordance with the terms of the Last Will and Testament, without the protectio afforded him by a formal adjudication of an Executor's Account, JONATHAN, the undersi ed beneficiary, individually and with respect to his heirs, personal representatives, suc essors and assigns, hereby: ', 1. Acknowledges that he has read this Agreement and represents that the facts t forth above aze true and correct to the best of his knowledge, information and belief. He er acknowledges that he is familiaz with the provisions of the Last Will and Testament of the Decedent; 2. Waives the filing of a formal account of the administration of this Estate, wi~h respect to the income and principal thereof, in any court which has jurisdiction, in particul ,the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Per nsylvania 3. Declazes that he has examined and understands the Executor's administratio ~ of the Estate, and finds the Executor's work to be true and correct in all particulars; accept and approves it with the same force and effect as if a formal account had been prepazed d 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 by, said court in accordance with this Agreement and the account and statement; 4. Warrants that he knows of no outstanding and unsatisfied claims that have II made against the Estate and approves the distribution of the balance of principal and incoi a to himself, the sole beneficiary of the Estate; '~ 5. Absolutely and irrevocably. releases and dischazges the Executor, his person representatives, heirs, successors and assigns, from any and all actions, liabilities, cl ' sand 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 Executor, in c nnection with the administration and distribution of assets, without a formal court accounting~and adjudication; 6. Agrees to refund to the Executor such part or all of the distributive shaze whi h has been or is being distributed to him which may at any time be determined to have bee~i an erroneous distribution to us regazdless of the cause of such error, even if attributable Ito negligence; 7. Agrees that any period of limitation of actions for the collection for any erroneous distribution to himself shall commence only at such time as the Executor has obtaine~ actual knowledge of such erroneous distribution and that in no event shall the obligation to collect any erroneous distribution start eazlier than the actual discovery thereof by the Exec tor. 8. With respect to any distributions of income or principal, which he has received, or will. receive upon execution of this Agreement, agrees to indemnify and hold harmless e Executor, his 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 caul whatsoever, which may be incurred by the Executor as a result of the administratio of this Estate or distribution in accordance with this Agreement including, but not limited o, any liability for any federal Estate tax, Pennsylvania inheritance tax or any other death t'~xes and federal, state and local income taxes, together with any interest and costs incidental thereto, relating m any way to the Estate and also including, but not limited to, any assets re eived or payments or distributions made by reason of any negligence or mistake of fact or la~v; and 9. Agrees that this Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHERE we agree to be bound hereby and have signed his agreement this ~T r _day of _, 20~. Witness: ~ ''' O ATHAN SAPOCHAK, Bene ciary Witne ~ ICI N T A. S CHAK, Exec or COMMONWEALTH OF PENNSYLVANIA :SS.: COUNTY OF On the ~ day of 20 ~0 before me, the subscribin witness, a Notary Public, in and for the Commonweal Pennsylvania, personally appeared the above-named 3ONATHAN A. SAPOCHAK (who signed this Agreement both as the Beneficiary and the Executor) and in due form of law acknowledged the foregoing F '1y Settlement Agreement to be his act and deed and desired the same to be recorded as su h. Witness my hand and Notarial Seal the day and year aforesaid. II! GV v ~ (SE~1I,) ~otary Public ', My Commission Expires: ' ArA~ ~_~~ Orw~NNM~ ~~~tr ~~