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HomeMy WebLinkAbout06-06-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Audrey J. Schue Date of Death: 10/14/2011 File Number: 21-11-1154 Pursuant to Pa. O.C. Rule 6.12, 1 report the following with respect to completion of the administration of the above-captioned estate: 1. State whether administration of the estate is complete: . . . . . . . . . . . . . . . . . . . . O 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 ®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? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ®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 m ed to this report. Dote 06/05/2013 p Q, Signature ajPerson Filing this orm Capacity: ®Personal Representative ®Counsel ;A- n E. Ralph Godfrey,Esquire Name ojPerson Filing this Form Cipriani&Werner,PC ra - U�- 11. O Address Q, " a u v Y a 1011 Mumma Road, Suite 201,Lemoyne, PA 1704 ti` L w ° _ _j 717-975-9600 y= U = ULJ Telephone Form RW-10 rev. 10.13.06 IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE OF AUDREY J. SCHUE, CUMBERLAND COUNTY,PENNSYLVANIA Deceased ORPHANS' COURT DIVISION NO.21-11-1154 FINAL RELEASE& INDEMNIFICATION WHEREAS,AUDREY J. SCHUE died testate on October 14,2011;and WHEREAS, SUSAN D. WHITESEL serves as Executrix (hereinafter referred to as "EXECUTRIX") of the ESTATE OF AUDREY J. SCHUE (hereinafter referred to as the "ESTATE"); and WHEREAS, E. Ralph Godfrey, Esquire and CIPRIANI & WERNER, P.C. (hereinafter referred to as the "FIRM"), serve as counsel for the EXECUTRIX;and WHEREAS, in accordance with Articles III and IV of the Will, SUSAN D. WHITESEL (hereinafter referred to as the`BENEFICIARY") is the sole beneficiary of the ESTATE;and WHEREAS, EXECUTRIX has maintained an accounting of all income and expenses of the ESTATE's assets. BENEFICIARY is satisfied with the accounting performed by EXECUTRIX; and WHEREAS, it is the desire of the BENEFICIARY to receive a full distribution of the ESTATE, which already in her possession, and WHEREAS, the BENEFICIARY is willing to indemnify the FIRM, the ESTATE and the EXECUTRIX from any future liability relating to claims which could be asserted against the assets of the ESTATE. In consideration of the willingness of the EXECUTRIX to distribute and terminate the ESTATE in accordance with the terms of the Last Will and Testament without the protection afforded her by a formal adjudication of her account,the undersigned beneficiary does hereby agree as follows: 1. BENEFICIARY acknowledges that she is familiar with the provisions of the Will of decedent. 2. The BENEFICIARY releases EXECUTRIX from any and all actions, suits,liabilities, payments, accounts, reckonings, claims and demands whatsoever, for or by reason thereof. 3. BENEFICIARY waives the preparation and filing of a formal account with the Orphans' Court of Cumberland County, Pennsylvania, with regard to the actions of the EXECUTRIX. 4. BENEFICIARY waives the benefit of Rule of Court No. 229.1 and any other provision permitting interest to be collected when payment is delayed after a Release is signed as it is the express agreement of the parties that no amount shall be paid to any beneficiary until other beneficiaries have agreed to the coordinated distribution of which this Release is a part. 5. BENEFICIARY is in already in possession of the assets of the ESTATE and is a full distribution of BENEFICIARY'S interest in the ESTATE. 6. BENEFICIARY agrees to refund to the EXECUTRIX such part or all of the distributive share which at any time may be determined to have been an erroneous distribution, regardless of the cause of such error; 7. BENEFICIARY in consideration of the agreement herein contained shall indemnify and hold harmless EXECUTRIX, the ESTATE, and the FIRM from any and all liability, loss or expense, arising from any cause whatsoever, which may be incurred by the EXECUTRIX as a result of the administration of this estate or distribution in accordance with this agreement including, but not limited to, any liability for any federal estate tax, Pennsylvania inheritance tax or any other taxes relating in any way to the estate; 8. BENEFICIARY acknowledges that this release is entered into without compulsion and acknowledges that this release is supported by good and valuable consideration. 9. BENEFICIARY, the FIRM, and the EXECUTRIX acknowledge that this Release and Indemnification contains all of the understandings of the parties and that it shall be interpreted, if necessary, and controlled by the laws of the Commonwealth of Pennsylvania. � � IN WITNESS WHEREOF, I have hereunto set my hand and seal the day of ,J✓ " U 2013. WI SS: SUSAN D. WHITESEL ti COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND On this, the 3C day of May, 2013, before me, the undersigned officer, personally appeared Susan D. Whitesel, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. OOI�AtONq+Fwi,'htOFp rt1,INSYLVANIA NtolARIA1.Cpsr" _ (sEac) 8 Notary Pu lic eo®ivion MerehCi�j7