Loading...
HomeMy WebLinkAbout07-16-12Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF ~U r'l 3 L ~1.,~-N 1~ COUNTY, PENNSYLVANIA r-'' Name of Decedent: ~~~~~ ~ ' ~ ~~ ~ t'S y ~ Date of Death: l~ ~ ~ r ~ G~ ~ File Number ,~1 ~d~ -C~~~`~ ~ Pursuant to Pa. O.C. Rule 6.12, 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. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: 3. If the answer to No. 1 is YES, state the following: a. Did the personal representative file a final account with the Court? ....... ,Yes ^ l~To 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 ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be Filed whit the %ierk of ine Orphans' Court and may be attached to ibis repori:. /~' _ ,' Dnte --`~ Signnkrf -efson Filing t 'Form Capacity: ^Personal Representative ~ounsel {~ ~,.~ _ ~ Nnme of erson Filii:g tkis Form 1 '" 2 ^~ -l ~C `~ ~_.3 .` `a' ._-~ i~ Address, ~~ ~LY ~/ ~-T u `~ ~.~~, 0~ Telephone (~ (~ Form RW-l0 rev. 10.13.0G ~~i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO.: 21-06-0355 REGISTER OF WILLS NO.: 21-06-0355 ESTATE OF JEAN FRALISH, DECEASED REFUNDING, RELEASE, AND INDEMNIFICATION AGREEMENT' Obligating Aaron Beidel BACKGROUND This Refunding, Release, and Indemnification Agreement, signed in duplicate, is between and among the parties set forth below and is dated as noted. The undersigned administrator(s), for the benefit and at the request of the undersigned beneficiary, have agreed to make an advance distribution of $7,299.03 which is a portion of the amount due the beneficiary pursuant to the First and Final Account filed with the Court on 6/11/12. Although the administrator believes the advance distribution is appropriate and that the beneficiary will not have to refund any part of it, the parties recognize there may be unexpected liabilities or even other beneficiaries that come to the attention of the administrator, whether through mistake or for other reasons, that may make a refund request necessary. Accordingly, the beneficiary understands that the administrator is assuming some :risk in making the advance distribution. AGREEMENT In consideration of the willingness of the administrator(s) to make the advance di stribution prior to the final settlement of the estate, notwithstanding the possible risks, the undersigned beneficiary agrees: 1. To refund to the administrator on demand all or part of the advance distribution set forth above which is being made at this time, which refund the administrator will make whf°n appropriate; 2. That counsel fees and costs shall be included if the administrator is required to take legal action to obtain the refund; and 3. To the extent of the funds received, to indemnify and hold harmless the administrator, his 1 personal representatives, heirs, successors and assigns from any loss, liability or expense which may be incurred by reason of this advance. 4. Declare that I have examined the first and final account, which is attached hereto and incorporated herein, and fmd it to be true and correct in all particulars; understand that the distribution is still subject to the payment of certain administration expenses, including but not limited to filing fees, inheritance tax, and interest; accept and approve the account writh the same force and effect as if it had been prepared and duly filed with, audited, adjudicated a.nd 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; 5. Warrant that we know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as set forth above; 6. Absolutely and irrevocably release and discharge the administrator, his personal representatives, heirs, successors and assigns, from any and alI 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 executors, in connection with the administration and distribution of assets shown in the statement, without a formal court accounting and adjudication; This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. The parties hereto agree to be legally bound hereby and that this agreement shall bind their respective heirs, successors, personal representatives and assigns. BENEFICIARY: Aaron Beidel Dated: , ~~~ ~~,/~eal) Aaron Beidel ADMINSTRATOR ON BEHALF OF ESTATE: Dated: mes Fralish IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO.: 21-06-0355 REGISTER OF WILLS NO.: 21-06-0355 ESTATE OF JEAN FRALISH, DECEASED REFUNDING, RELEASE, AND INDEMNIFICATION AGREEMENT' Obligating Adam Fralish BACKGROUND This Refunding, Release, and Indemnification Agreement, signed in duplicate, is between and among the parties set forth below and is dated as noted. The undersigned administrator(s), for the benefit and at the request of the undersigned beneficiary, have agreed to make an advance distribution of $7,299.03 which is a portion of the amount due the beneficiary pursuant to the First and Final Account filed with the Court on 6/11/12. Although the administrator believes the advance distribution is appropriate and that the beneficiary will not have to refund any part of it, the parties recognize there may be unexpected liabilities or even other beneficiaries that come to the attention of the administrator, whether through mistake or for other reasons, that may make a refund request necessary. Accordingly, the beneficiary understands that the administrator is assuming some risk in making the advance distribution. AGREEMENT In consideration of the willingness of the administrator(s) to make the advance distribution prior to the final settlement of the estate, notwithstanding the possible risks, the undersigned beneficiary agrees: 1. To refund to the administrator on demand all or part of the advance distribution set forth above which is being made at this time, which refund the administrator will make when appropriate; 2. That counsel fees and costs shall be included if the administrator is required to take legal action to obtain the refund; and 3. To the extent of the funds received, to indemnify and hold harmless the administrator, his personal representatives, heirs, successors and assigns from any loss, liability or expense which may be incurred by reason of this advance. 4. Declare that I have examined the first and final account, which is attached hereto and incorporated herein, and find it to be true and correct in all particulars; understand that the distribution is still subject to the payment of certain administration expenses, including but not limited to filing fees, inheritance tax, and interest; accept and approve the account with the same force and effect as if it had been prepared 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; 5. Warrant that we know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as set forth above; 6. Absolutely and irrevocably release and discharge the administrator, his 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 witl'n any mistake of fact or law, or negligent or careless act or omission by the executors, in connection with the administration and distribution of assets shown in the statement, without a formal court accounting and adjudication; This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. The parties hereto agree to be legally bound hereby and that this agreement shall bind their respective heirs, successors, personal representatives and assigns. BENEFICIARY: Adam Fralish Dated: G~~"" -'~ (Seal) Adam Fralish ADMINSTRATOR ON BEHALF OF ESTATE: Dated: Wry ~ mes Fralish IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO.: 21-06-0355 REGISTER OF WILLS NO.: 21-06-0355 ESTATE OF JEAN FRALISH, DECEASED REFUNDING, RELEASE, AND INDEMNIFICATION AGREEMENT Obligating Leanne Sutton BACKGROUND This Refunding, Release, and Indemnification Agreement, signed in duplicate, is between and among the parties set forth below and is dated as noted. The undersigned administrator(s), for the benefit and at the request of the undersigned beneficiary, have agreed to make an advance distribution of $7,299.03 which is a portion of the amount due the beneficiary pursuant to the First and Final Account filed with the Court on 6/11/12. Although the administrator believes the advance distribution is appropriate and that the beneficiary will not have to refund any part of it, the parties recognize there may be unexpected liabilities or even other beneficiaries that come to the attention of the administrator, whether through mistake or for other reasons, that may make a refund request necessary. Accordingly, the beneficiary understands that the administrator is assuming some :risk in making the advance distribution. AGREEMENT In consideration of the willingness of the administrator(s) to make the advance distribution prior to the final settlement of the estate, notwithstanding the possible risks, the; undersigned beneficiary agrees: 1. To refund to the administrator on demand all or part of the advance distribution set forth above which is being made at this time, which refund the administrator will make when appropriate; 2. That counsel fees and costs shall be included if the administrator is required to take legal action to obtain the refund; and 3. To the extent of the funds received, to indemnify and hold harmless the admunistrator, his personal representatives, heirs, successors and assigns from any loss, liability or expense which may be incurred by reason of this advance. 4. Declare that I have examined the first and final account, which is attached hereto and incorporated herein, and find it to be true and correct in all particulars; understand that the distribution is still subject to the payment of certain administration expenses, including but not limited to filing fees, inheritance tax, and interest; accept and approve the account •with the same force and effect as if it had been prepared and duly filed with, audited, adjudicated and confirmed absolutely by such court which has jurisdiction over this estate, and, as i.f the balance of principal and income had been awarded by said court in accordance with this agreement and the account and statement; 5. Warrant that we know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as set forth above; 6. Absolutely and irrevocably release and discharge the administrator, his 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 executors, in connectiion with the administration and distribution of assets shown in the statement, without a formal court accounting and adjudication; This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. The parties hereto agree to be legally bound hereby and that this agreement shall bind their respective heirs, successors, personal representatives and assigns. BENEFICIARY: Leanne Sutton y--- Dated: r ~ ~ Seal) '~mn~ ~,~ . ~~~ ~~h~, ~ ~~~n Dated: ADMINSTRATOR ON BEHALF OF ESTATE: J es Fralish 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO.: 21-06-0355 REGISTER OF WILLS NO.: 21-06-0355 ESTATE OF JEAN FRALISH, DECEASED REFUNDING, RELEASE, AND INDEMNIFICATION AGREEMENT Obligating Christian Fralish BACKGROUND This Refunding, Release, and Indemnification Agreement, signed in duplicate, is between and among the parties set forth below and is dated as noted. The undersigned administrator(s), for the benefit and at the request of the undersigned beneficiary, have agreed to make an advance distribution of $7,299.03 which is a portion of the amount due the beneficiary pursuant to the First and Final Account filed with the Court on 6/11/12. Although the administrator believes the advance distribution is appropriate and that the beneficiary will not have to refund any part of it, the parties recognize there may be unexpected liabilities or even other beneficiaries that come to the attention of the administrator, whether through mistake or for other reasons, that may make a refund request necessary. Accordingly, the beneficiary understands that the administrator is assuming some risk in making the advance distribution. AGREEMENT In consideration of the willingness of the administrator(s) to make the advance distribution prior to the final settlement of the estate, notwithstanding the possible risks, the undersigned beneficiary agrees: 1. To refund to the administrator on demand all or part of the advance distribution set forth above which is being made at this time, which refund the administrator will make when appropriate; 2. That counsel fees and costs shall be included if the administrator is required to take legal action to obtain the refund; and 3. To the extent of the funds received, to indemnify and hold harmless the administrator, his 1 personal representatives, heirs, successors and assigns from any loss, liability or expense which may be incurred by reason of this advance. 4. Declare that I have examined the first and final account, which is attached hereto and incorporated herein, and find it to be true and correct in all particulars; understand that the distribution is still subject to the payment of certain administration expenses, including but not limited to filing fees, inheritance tax, and interest; accept and approve the account with the same force and effect as if it had been prepared 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; 5. Warrant that we know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as set forth above; 6. Absolutely and irrevocably release and discharge the administrator, his 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 executors, in connection with the administration and distribution of assets shown in the statement, without a formal court accounting and adjudication; This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. The parties hereto agree to be legally bound hereby and that this agreement shall bind their respective heirs, successors, personal representatives and assigns. BENEFICIARY: Christian Fralish .~ Dated: al) ion ralish' ADMINSTRATOR ON BEHALF OF ESTATE: V Dated: J~ es Fralish 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY ORPHANS' COURT DIVISION NO.: 21-06-0355 REGISTER OF WILLS NO.: 21-06-0355 ESTATE OF JEAN FRALISH, DECEASED REFUNDING, RELEASE, AND INDEMNIFICATION AGREEMENT Obligating James Fralish BACKGROUND This Refunding, Release, and Indemnification Agreement, signed in duplicate, i:> between and among the parties set forth below and is dated as noted. The undersigned administrator(s), for the benefit and at the request of the; undersigned beneficiary, have agreed to make an advance distribution of $30,696.08 which is a portion of the amount due the beneficiary pursuant to the First and Final Account filed with the Court on 6/11/12. Although the administrator believes the advance distribution is appropriate and that the beneficiary will not have to refund any part of it, the parties recognize there may be unexpected liabilities or even other beneficiaries that come to the attention of the administrator, whether through mistake or for other reasons, that may make a refund request necessary. Accordingly, the beneficiary understands that the administrator is assuming some Brisk in making the advance distribution. AGREEMENT In consideration of the willingness of the administrator(s) to make the advance distribution prior to the final settlement of the estate, notwithstanding the possible risks, the' undersigned beneficiary agrees: 1. To refund to the administrator on demand all or part of the advance distribution suet forth above which is being made at this time, which refund the administrator will make when appropriate; 2. That counsel fees and costs shall be included if the administrator is required. to take legal action to obtain the refund; and 3. To the extent of the funds received, to indemnify and hold harmless the adrriinistrator, his 1 personal representatives, heirs, successors and assigns from any loss, liability or expense which may be incurred by reason of this advance. 4. Declare that I have examined the first and final account, which is attached hereto and incorporated herein, and find it to be true and correct in all particulars; understand that the distribution is still subject to the payment of certain administration expenses, including but not limited to filing fees, inheritance tax, and interest; accept and approve the account with the same force and effect as if it had been prepared 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 sai~' court in accordance with this agreement and the account and statement; ~. Warrant that we know of no outstanding and unsatisfied claims against the estate and approve the distribution of the balance of principal and income shown on the attached account and statement as set forth above; 6. Absolutely and irrevocably release and dischar;e the administrator, his personal representatives, heirs, successors and assigns, from any and all actions, liabilities, c laims 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 executors, in connection with the administration and distribution of assets shown in the statement, without a formal aaurt accounting and adjudication; This agreement shall be interpreted in accordance with the laws of the Commonwealth of Pennsylvania. The parties hereto agree to be legally bound hereby and that this agreement shall bind their respective heirs, successors, personal representatives and assigns. BENEFICIARY: James Fralish Dated: (Seal) James Fralish ADMINSTRATOR ON BEHALF OF ESTATE: Dated: J es Fralish iN THE COURT OF COlvllUlON FLEAS OF CUMBERLAN© COUNTY, PENNSYLVANfA IN RE; Estate of Jean I_. Fralish Orphan's Court Division No.: 21-20i}6-355 SETTLECVIENT AGREEMEh7 ANa MUTUAL RELEASE TNlS SETTLEM~FN7 AGREEM~NT ANQ MUTUAL RELEASE ("Release") is executed as of the ,.,..day ofi ~~f ~ __.___., 2(112, by and between NeoghborCare, Inc., a Pennsylvania domestic corporation (referred to !n this release as "Claimant"} and The Esta#e of Jean i_. Fralish, an estate created in the County of Cumberland Commonwealth of Pennsylvania (referred to in this Release as "Respondent"} Recitals: The background of this Release is as follows; R-1. flrt ar aE~r~ut November 'l6, 2t}06, Claimant filed a claim with the t3rphan's Court in the above captioned matter against Respondent fn the amount a# ~3o,7a3.os. R-2. Respondent and Claimant have agreed to a settlement of this claim and desire to release one another, jointly and severally, from any claims, demands, liabilities or abligatlans they may have with regard to this case and all other claims they may have against one another. NOW, 'I-FIEREFORE, in consideration of the mutual promises and covenants contained in this Release, and far other good and valuable considera#lan, ANC) INTEN©iNG TO SE LECAL~Y BOUND, Respondent and Claimant agree as follows; 1. Recitals. The above Recitals are incorporated into this Release by reference as if fully set forth. 2. Payment by Respondent. upon execution a{ this Release by the parties, Respondent shall pay to Claimant the amount of Seven Thousand Six Hundred and Seventy Six Dollars and Seventy Six cents ($7,675.76) as consideration for this release and compromise of the claim balance. Respondent shall make the funds payable to NEIGHBa~eA~E, I~IC.-s/p: KODAK LAW 41~FICES, P.C. _ 3. Dismissal of Ctaim. Ulaon tine full and complete performance of Respondent hereunder, Claimant shall promptly file all documents appropriate and necessary to settle, discontinue, and end the claim docketed to the Cumberland County Court of Common Pleas, ©rphans Court tivision Number 21-2~0©l'i-355, with prejudice. 4. Release. Claimant and Respondent, for themselves, their successors, assigns, agents, attorneys, entities, partnerships, owners, shareholders, officers, directors, representatives and any and all other persons and entities, hereby release one another and their respective successors, assigns, agents, attorneys, entities, partnerships, owners, shareholders, officers, direottlrs, representatives and any and alt other persons ant! entities, whether or not named or referred to in this Release, from any and a#I sums of money, attorneys` fees, agreements, covenants, actions, proceedings, claims, demands and liabilities of any kind and character, including, but not limped to actions in assumpsit, in trespass and otherwise at taw ar in equity, relating to or based in any manr}er an this case and the facts and c#aims stated in this Release which either party now has ar may in the future have ago#nst the other; and all such claims, demands and liabilities of any kind and character, including, but not limited to all claims, demands and liabilities relating to or based in any manner on this case and the facts and claims stated in this Release which either party now has or in the future may have against the other, from the beginning of the world to the date of this Re#ease, shall be and are hereby discharged. 5. No Admission of Liability. it is agreed by the parties that, except as othenNise specifically stated in #his Release, nothing contained in this Release shalt be construed as an admission by or on behalf of Claiman# or Respondent as to any liability relating in any manner on this case or the facts and c#aims stated in this Release. 6. Advice of Counsel. Cory A, Leshner, 'squire and the law firm of The haw Offices of Cory A. l_eshner, t_LC represent Respondant. Robert Q. Kodak, Esquire represents Claimant. t3y their signatures on this Release, Claimant and Respondent acknowledge that each has read this Release, fully understands its provisions, and has had the advice of counsel relating to its provisions prior to signing it. 7. Entire Actreement. This Release contains the entire agreement between (',laimant and Respondent with respect to this case and the facts and claims stated in this Release, and the terms of this Release are contractual and not merely a recital. 8. Invalidity of Provisions, !n the event any one or more of the provisions contained in this Release shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability sha1S not affect any o#her provisions of this Release, but this Release shalt tee construed as if such invalid, illegal or unenforceable provisions had never been contained herein, 9. Binding Effec#. This Release small be binding upon and shall inure to the k~enefit 2 of Claimant and Respondent and their respective successors and assigns. 10. Headings. The headings or captions preceding the paragraphs in this RE.lease are inserted for convenience of reference only and shad not be construed in interpreting this Release. 11. Pennsylvania t..aw. This Release s#~alt be governed by and construed in accordance with the Paws of the Commonwealth of Pennsylvania. 12, t/+J,~aiver Modification or Amendment. Failure of either party to exercise any of their respective rights under this Release upon the default, nonperformance or defer#ive performance by tt~e other par#y of any condition, promise or provision contained in this Release shall not be construed as a waiver of that or any subsequent default, nonperformance or defective performance. No waiver, release, modification or amendment of any of the terms, conditions or provisions of this Release shall be valid, set up or relied upon by ei#her party or offered of any judicial proceeding or a#herwise, unless in writing and duly executed by the parties here#o. 13. GenderlNumber. Whenever the context in this Release requiras, the singular number shall include the plural, the plural shah include the singular, and the use of any gender shall be applical3le to all genders. 14. Counterparts/Fax. This Release may be executed in any number of counterparts and by different parties on separate counterparts, each of which, when so executed and delivered, shall be an original, but ail such cflun#erparts sh~~31, together, constitute orte and the same instrument. if such executed counterparts have been exchanged by fax among the parties, this Release shall be delivered, binding, and in foil force and effect. Thereafter, the parties wilt exchange original signed counterparts. {Remainder of page in#entionally left talank} {Signatures appear on following page} 3 tEv Wil"NESS WHEREt:}E, Cfatmant and Respartdenf have caused this Release to be executed ar-d delivered as of the day artd year indicated aE3ove. UVITNESS: f' ~ _~ ~~ ,v~-~~~e----~ Ci`AlMANT: NEIGHBORCARE, INC. RESPt~N©E1VT: ESTATE a~ JEAN L. FRALiSH Sy. t t..~;~ t~ rnes Fratish, Administrator d WITNESS: