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HomeMy WebLinkAbout04-17-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Thomas M. Zock Date of Death: March 24, 2007 File Number: 2007-00319 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. The administration of the decedent's estate is not yet complete. 2. The decedent's heirs entered into a Family Settlement Agreement dated March 22, 2013 in order to facilitate termination of the administration of the decedent's estate. 3. The decedent's federal estate tax return has been filed with the Internal Revenue Service. 4. As soon as it is accepted, the estate can be closed. 5. Once closed, please remit any remaining balance from decedent's estate which is in the Court's possession to the estate's personal representative, Michael J. Zock. / 1 J Date: c: l�' ,! Andrfw Bar6in, Esquire AndrewV. Barbin, P.C. - , cn 5 Kacey Court Suite 102 ` Mechanicsburg, PA 17055 (717) 506-4670 Attorney for Estate n ; c c Ck LIJ L � V r,. C IN RE: IN THE COURT OF COMMON PLEAS ESTATE OF THOMAS M.ZOCK, CUMBERLAND COUNTY, PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO. 2007-00319 FAMILY SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement") made this -)a"` day of March, 2013, by and among, Michael John Zack, Executor (the "Executor':) of the Estate of Thomas M. Zock (the "Estate"), and Michael John Zock and Melissa Marie Zock, as beneficiaries of the Estate (collectively,the"Beneficiaries"). The Beneficiaries are sometimes referred to in this Agreement as the"Parties". In accordance with their desire that administration of the Estate be terminated without further expense and delay, the Parties, in consideration of the mutual covenants herein expressed, and intending to be legally bound hereby agree that: 1. Thomas M. Zock died March 24, 2007. Letters Testamentary were duly granted to the Executor by the Register of Wills of Cumberland County, Pennsylvania on April 2, 2007 and the Estate is now in the process of administration. 2. The Parties acknowledge that the Executor has received the Assets of the Estate (the "Assets") and paid all claims against the Estate set forth in the Accounting of the Executor, a copy of which is attached hereto and made a part hereof as Exhibit A, and the parties approve the said Accounting in its entirety. 3. The Decedent's Will provides for the residuary assets of the Estate to be distributed to the Beneficiaries in the fractional shares set forth opposite then names: Michael John Zock 1/2 Melissa Marie Zock 1/2 1 4. The Beneficiaries hereto agree that the remaining Assets have or shall be distributed according to the Will, as set forth in the Schedule of Distribution of the attached Account. Without intending to limit the rights or remedies of the Beneficiaries, the Beneficiaries agree to indemnify the Executor save him harmless fiom and against all liability, loss, and expense (including, but not limited to, costs and counsel fees) which the Executor may incur, as a result of making the above described distributions according to the terms of the Will. 5. The Beneficiaries hereto agree to reftind to the said Estate a pro rata share of any amount up to the amount of his or her respective distribution which may be necessary in the future to discharge any and all liabilities of the Estate heretofore undisclosed or unasserted that may arise and come to the attention of the Executor. 6. The Beneficiaries, and each of them,hereby forever fully release,compromise, settle and discharge any and all claims, demands, actions or causes of action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any of them may have against the Executor or against the Estate by reason of any matter, cause or thing growing out of or relating to any Assets, or growing out of or relating to any act of the Executor in the administration of the Estate, and agree that any period for the limitation of actions for the collection of any erroneous distribution or distributions shall commence only at such time as the Executor shall have obtained actual knowledge of such. erroneous distribution or distributions and that in no event shall the period for collection of any erroneous distribution or distributions be less than two years after the actual discovery thereof by the Executor. 7. The Beneficiaries agree to execute a Receipt and Release in order to confirm the distribution of the Residuary Assets in accordance with the terms and conditions of this Agreement. 8. Any release which applies to the Executor shall apply also to any fiduciary who may have been or may be appointed in connection with any ancillary administration. 2 9. This Agreement may be executed in multiple counterparts and, when so executed, shall be binding upon the Parties,and their respective heirs,next of kin,personal representatives and assigns. Intending To Be Legally Bound, the Parties have hereunto set their hands and seals the day and year first above written. r - Michael John Zock,E&ecutor of the Michael John Zoc Estate of Thomas M. Zock Melissa Marie Zock 3 9. This Agreement may be executed in multiple counterparts and, when so executed, shall be binding upon the Parties,and their respective heirs,next of kin,personal representatives and assigns. Intending To Be Legally Bound,the Parties have hereunto set their hands and seals the day and year first above written. Michael John Zock,Executor of the Michael John Zock Estate of Thomas M. Zock Melissa Marie Zock 3