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HomeMy WebLinkAbout05-20-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: MARIE C. CHIOVARO Date of Death: 3/20/2011 File Number: 21 11 0467 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:. . . . . . . . . . . . . . . . . . . . . . . . X❑ 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 ❑X No 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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . El Yes ❑ No d. Copies of receipts, releases,joinders and approvals of formal or informal accounts may be filed with]the Clerk of the Orphans' Court and may be attached to this report. Dale — I • _ ' 7 �l Signa e ojPerson Filing this Form Capacity: ❑ Personal Representative ❑X Counsel t KENNETH J. MCDERMOTT II Name of Person Filing this Form 3425 SIMPSON FERRY ROAD cl CD O Address CAMP HILL PA 17011 !.� u l W 717-763-1121 O — �:�_ n m Telephone U U O M W LU m � U Form RW-10 rev. 10.13.06 FAMILY SETTLEMENT AGREEMENT THIS AGREEMENT is made this —7 day of /� 2013 by and among LORETTA HAMILTON (f/k/a LORETTA CHIOVARO), as Executrix of the Estate of Marie C. Chiovaro ("Estate"), and LISA WILSBACH, FRANK CHIOVARO, and LORETTA HAMILTON (f/k/a LORETTA CHIOVARO),testamentary heirs of MARIE C. CHIOVARO. WITNESSETH: WHEREAS, MARIE C. CHIOVARO ("Decedent") died March 20, 2011, being survived by her children, LISA WILSBACH, FRANK CHIOVARO, and LORETTA HAMILTON (f/k/a LORETTA CHIOVARO). WHEREAS, Letters Testamentary were granted to LORETTA HAMILTON (f/k/a LORETTA CHIOVARO), as Executrix, on April 13, 2011 by the Register of Wills of Cumberland County,Pennsylvania, Estate No. 21-11-0467; and WHEREAS, the undersigned, being all the testamentary heirs of the Decedent, and the Executrix,wish to settle the Estate by agreement rather than by a formal accounting; NOW, THEREFORE, in consideration of the mutual covenants of the parties, all intending to be legally bound hereby, it is agreed as follows: I. Court filing of a formal accounting of the Estate's receipts and disbursements shall not be required. 2. Each of the undersigned has been fully advised of his or her rights pertaining to the filing of an account and hereby waives any right to compel an accounting prior to distribution of the Estate property. 1 3. Each of the undersigned accepts the attached Schedule of Distributions made and to be made, and acknowledges that this Agreement shall have the same force and effect as if a formal accounting had been filed with and confirmed by the Orphans' Court of Cumberland County. 4. Each of the undersigned agrees that the attached Schedule of Distributions constitutes a part of this Agreement and that distribution of the Estate property shall be in accordance therewith. 5. Each of the undersigned hereby releases the Estate and the Executrix from any and all claims that may exist in relation to the Estate or the administration of the Estate by the Executrix. 6. This agreement shall be binding upon all of the parties and their respective heirs, administrators, and assigns. 7. This agreement may be executed in any number of counterparts and each such counterpart shall be deemed to be an original instrument, but all such counterparts together shall constitute but one agreement. 2 i IN WITNESS WHEREOF, we have hereunto set our hands the day and year first above written. 7ESS: �-� , LORETTA HAMILTON(UWa LORETTA CHIOVARO), both as Executrix of the Estate of MARIE C. CHIOVARO and Individually LISA WILSBACH FRANK CHIOVARO 3 I IN WITNESS WHEREOF, we have hereunto set our hands the day and year first above written. WITNESS: LORETTA HAMILTON (f/k/a LORETfA CHIOVARO),both as Executrix of the Estate of MARIE C. CHIOVARO and /j Individually LISA WILSBACH FRANK CHIOVARO 3 IN WITNESS WHEREOF, we have hereunto set our hands the day and year first above written. WITNESS: LORETTA HAMILTON (f/k/a LORETTA CHIOVARO),both as Executrix of the Estate of MARIE C. CHIOVARO and Individually LISA WILSBACH F NK CHIOVARO 3 SCHEDULE OF DISTRIBUTIONS Assets of the Estate of MARIE C CHIOVARO Proceeds from sale of Real Estate $129,900.00 $129,900.00 Members 15t Savings Account No. 35697-01 50.50 Held Jointl with Lisa Wilsbach - $606.06 x 8.333%= Members I" Savings Account No. 137410-11 237.62 Held Jointly with Loretta Hamilton Chiovaro - $475.24 x 50%= Members I m Savings Account No. 13 74 10-00 346.23 Held Jointly with Loretta Hamilton Chiovaro - $692.46 x 50%= Members 151 Savings Account No. 35697-04 333.36 Held Jointly with Lisa Wilsbach, Frank Chiovaro, and Loretta Hamilton Chiovaro - $4,000.52 x 8.333%= Members I" Savings Account No. 35697-00 191.89 Held Jointly with Lisa Wilsbach, Frank Chiovaro, and Loretta Hamilton Chiovaro - $2,302.76 x 8.333%= Members I" Savings Account No. 35953-00 1,610.94 Held Jointly with Lisa Wilsbach - $3,221.88 x 50%= Members I" Savings Account No. 35953-04 2,000.26 Held Jointly with Lisa Wilsbach - $4,000.52 x 50%= Total Assets $ 133,470.80 Funeral, Administrative Costs Court fees; attorney fees; etc. 10,794.47 Closing Costs for Real Estate 21,737.91 Inheritance Tax Payment (including penalties and interest 5,086.22 Debts of Decedent 13,175.55 Total Debts and Expenses According to PA-1500 $ 50,794.15 Total Assets 133,470.80 Less Total Debts and Expenses 50 794.15 Balance $ 82,676.65 4 DEPOSITS AND PAYMENTS Paid from Amounts Amounts Decedent's Deposited Paid from Accounts into SWPC SWPC Initial Retainer Escrow Escrow Real Estate and Tax Escrow $ 1,000.00 118,751.48 Balance Held In Shumaker Williams $119,751.48 Escrow Account Distributions to Lisa Wilsbach to date: Predetermined Distribution from Joint Accounts $9,358.79 Initial Cash Distribution from SWPC Escrow Reimbursement for Home Im rovements 33,000.00 1,305.15 Distributions to Frank Chiovaro to date: Predetermined Distribution from Joint Accounts $1,530.33 Initial Cash Distribution from SWPC Escrow Reimbursement for Home Improvements 33,000.00 2,665.11 Distributions to Loretta Hamilton (Chiovaro) to date: Predetermined Distribution from Joint Accounts $2,698.03 Initial Cash Distribution from SWPC Escrow Reimbursement for Home Im rovements 33,000.00 292.99 Total Amount Distributed to Date ($13,587.15) Distributions from Joint Accounts $13,587.15 Payment of Inheritance Tax from SWPC Escrow Account; Tax Return Filing Fee (5,116.22) Attorne s' Fees Paid from Escrow 1,830.50 Distributions from SWPC Escrow Account 110,209.97 Balance of Escrow Account $9,541.51* 5 PROPOSED SCHEDULE OF DISTRIBUTIONS Balance in Escrow from previous page: $9 541.51 Less Estimated Remaining Attorneys' Fees (1,000.00) Proposed Amount to Distribute $8,541.51* Lisa Wilsbach $2,847.17 Frank Chiovaro $2,847.17 Lorctta Hamilton Chiovaro $2,847.17 Balance After Distributions $ 0.00 * Actual amount will be divided by three after remaining attorneys fees are deducted to close out the estate. This amount should be $1,000 or less, so individual amounts left to be distributed could be more than the $2,847.17 listed, but should not be less. :253366 6