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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 ~J G ~ ~; 3 L~_ ~.1 ,.~_ _: ~::.-~ c~~ ~ r~ ~ I ;_~a Ufa a:~ ~.. C~ ~~ U c~#c' tV ao CV w cn N C`~8 179272.19/21 / 12 S -~~ ~:.~ c~ :-~cn~ .i .~~w ~~ ~- ~ ~. 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 -2- 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 v P//~~ fn/^y.p~ ,~ ~ A ,~ ~~''~ Vy~ _ U'NV l Witness: ~sswa.~ ovmnoiz NANCY Individua CCHIO and as Executor ~ 2 /Z Date -3-