HomeMy WebLinkAbout09-28-12STATUS REPORT UNDER RULE 6.12
Name of Decedent: Robert Varricchio
Date of Death:
Register File No.
March 18, 2010
21-10-0508
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 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. (copies attached)
September 21, 2012
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y R. Gager, Es it
ul Ewing LLP
Attorney for Estate
P.O. Box 1291
Harrisburg, PA 17108-1291
717.257.7524
COUNTY, PENNSYLVANIA
COURT OF COMMON Po~ASH~s ~B~~'~ ION
ESTATE OF ROBERT VARRICCHIO, DECEASED
No.
STATEMENT OF PREP OVAL OF ~M~ST~TION and
APPROVAL OF ACCOUNT AN~ m~rirnTlFiCATION AGREEMENT
FIRST: BACKGROUND
A, Robert Vanicchio {the "Testator") died on March 18, 2010, leaving a Will
11 2009 (the "Will")• A copy of the Will is attached hereto as Exhibit A. The
dated February ,
filed for robate with the Register of Wills of Cumberland County, Pennsylvania and
Will was p
rs Testamentary were granted to NANCY VARRICCHIO (the "Executor"), on May 17,
Lee
2010..
B. Under Article III of Testator's Will, all assets were to be distributed to his
ine Vanicchio. Josephine Vanicchio predeceased Testator, a copy of her death
wife, Joseph
ertificate is attached as Exhibit B. Article III provided that should Testator's wife predecease
c
him, all assets are to be distributed to his daughter, Nancy Vanicchio.
C, The Executor and Beneficiary of the Estate of Robert Vanicchio, deceased
« '° are repared to settle the Executor's administration of the Estate informally, in
(the Estate ), p
ration of the recitations contained herein and the execution of this Statement of Proposed
conside
'bution Approval of Receipt, Release and Indemnification Agreement (the "Agreement")
Distn
by the Beneficiary of the Estate..
Isstaa.i oemaaiz
i
SECOND: AGREEMENT
The Beneficiary, for the purpose of inducing the Executor to mak
the entire ascertained balance of income and principal of the Estat e distribution of
court audit and without the confirmation of a formal c e to the Beneficiary, without
and expense of a formal court accountin h ourt order, and to save the time, publicity
g, ereby certifies that:
1 • The preceding recitations are true and correct.
2• The Beneficiary has examined bank statement reflectin the
balances of principal and income, and found it to be correct, and her g remaining
statements to be true and correct, and a eby ackn°wledges the
pprove the bank statements as having the same effect as if
an Account had been filed, audited and confirmed absolutely by the O han '
the Court of Common Pleas of Cumberland County, or an o ~ s Court Division of
y ther court of competent jurisdiction.
3• The Beneficiary waives a formal accounting, of either principal or inc
and waives the preparation and filing of any account in connection herewith with th °me,
e court.
4• The Beneficiary approves the balances shown on the bank statement
subject only to final termination expenses, and requests distribution by the Executor '
balances to the Beneficiary as provided in the Will. As a result the of the entire
entire residue of the
decedent's Estate is now distributable to Testat°r'~
____!
5• Subject only to actual receipt of the income and rinci
bank statement (as such amounts may be adjusted for subse p pal as shown in the
quent receipts and disbursements and
for distributions heretofore made on account and not reflected in the Account
hereby: ), the beneficiary
a• Releases and discharges Nancy Vari-icchio and her heirs,
next-of--kin, personal representatives, agents, successors and assigns, both individual)
and as Executor, absolutely, from any and all further liability, claim or demand in
Y
188144.1 09/21/2012
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connection with the Estate, the Executor's administration o
and distribution of the income and pnnci al of
P the Estate u f the Estate, and the settlement
b pon this Agreement.
from the Estate, the Exe ~ or and the Execy~ to the extent of the
representatives a utor's heirs, next-of--k ands distributed to her
all liabili gents, successors and assigns, both individually and as Exe
ty, loss or expense (including costs and counsel fees ~ personal
incurred hereafter in connection with the above-des ~ cutor, against
administration and distribution of the Estate wi ~ Which may ever be
cnbed accounting and the
other amount which ma thout a court order, and to re
detenn' Y at any time and for any reason, including negligencenbe ny
lned to have been an erroneous distribution.
c• Agrees that the
collection by the Executor from rnnnmg of the Statute of Limitations for the
commence only at such time as the Executor has obt '
ry of any erroneous distribution shall
erroneous distribution, and in no event shall that period ex afire al ~owledge of the
the actual discovery of the erroneous distribution b the p in less than two
Y Executor. Years after
d• Agrees that this q
under the lass °f the Commonwealth of pen ylvania11we
law concerning choice of law. governed by and construed
thout regard to Pennsylvania
6• This Agreement shall inure to the benefit of the h
personal representatives, agents, successors and assigns of the errs, next-of--kin,
upon the respective heirs, next-of--kin Executor and shall be binding
personal representatives, successors and assigns of each of
the parties hereto.
Intending to be legally bound, the Beneficiary executed
date indicated. this Agreement on the
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Witness:
~sswa.~ ovmnoiz
NANCY
Individua CCHIO
and as Executor
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Date
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