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Pa. O.C. RULE 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent:
VIOLA RUTH KIRACOFE
Date of Death:
November 10, 2006
File No.:
21-06-1030
Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion ofthe administration
of the above-captioned estate:
1.
State whether administration of the estate is complete:
[x] Yes 0 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?
o 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? [Executors were sole beneficiaries so no
accounting was necessary.]
o Yes [x] No
Date:
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.
"'/30 , 2007
If')
o
Signature of P. 'Son Filing this Form
Capacit . 0 Personal Representative [x] Counsel
Hubert X. Gilroy, Esquire
Name of Person Filing this Form
Martson Deardorff Williams Otto Gilroy & Faller
Address
10 East High Street
Carlisle, P A 17013
(717) 243-3341
Telephone
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ESTATE OF VIOLA RUTH KIRACOFE
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ESTATE SETTLEMENT AGREElVIENT
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THIS AGREElVIENT, made this . --?-3' 1/ - day of lV-&.. / ,2007, between John M.
Kiracofe and Evelyn L. Grove ("Executors"), and John M:/~r~ofe and Evelyn L. Grove, in
their individual capacities (collectively referred to hereinafter as the "Beneficiaries").
WITNESSETH
WHEREAS, Viola Ruth Kiracofe (Decedent) died on November 10,2006; and
WHEREAS, pursuant to the Will of the Decedent dated October 2, 2001, a copy of
which is attached hereto and marked Exhibit "A", John M. Kiracofe and Evelyn L. Grove
were appointed Executors ofthe Decedent's Estate by the Cumberland County, Pennsylvania,
Register of Wills by appropriate action of the Register of 'Vills on November 20, 2006 and
docketed at No: 21-06-1030; and
WHEREAS, the Executors have truly and appropriately administered the Estate ofthe
Decedent; and
WHEREAS, the Executors have filed the appropriate Pennsylvania Inheritance Tax
Return for the Estate and the Return has been audited with a determination being issued by
the Pennsylvania Department of Revenue accepting the Return as filed; and
WHEREAS, the Executors have filed the appropriate Pennsylvania and Federal
Income Tax Returns for the Estate; and
WHEREAS, the Executors have accomplished the payment of all obligations owing on
the Decedent's Estate, except for miscellaneous obligations as forth below; and
\VHEREAS, the Executors have provided the opportunity to all Beneficiaries to
examine all records of the Decedent in the possession of the Executors and to examine all
records of the Estate; and
WHEREAS, the Executors have made various partial distributions to the Beneficiaries;
and
'VHEREAS, the Executors are prepared to achieve the final distribution of the
Decedent's Estate subject to the reserve as set forth below; and
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WHEREAS, the Executors and all Beneficiaries desire that the administration of the
Estate of the Decedent be terminated without the expense and delay of a court accounting and
the Parties are willing to enter into this Estate Settlement Agreement in order to expedite the
conclusion of the Estate; and
WHEREAS, the Executors desire to make a distribution to the Beneficiaries, pay
attorney's fees owing, retain certain funds in order to finalize any tax returns and any other
miscellaneous obligations that may accrue, with any retained funds to be distributed to the
Beneficiaries at a later date.
NOW, THEREFORE, the parties in consideration of their mutual covenants herein
expressed and intending to be legally bound hereby, agree as follows:
1.
The above-named Beneficiaries hereby waive the filing of a Formal Accounting and
Schedule of Distribution in the Estate of the Decedent.
2.
The parties acknowledge that they have been provided with an opportunity to examine
all paperwork and accounting of all expenses and revenues from the Estate of the Decedent.
3.
The parties agree that the Executors may distribute the remaining assets of the Estate
equally between John M. Kiracofe and Evelyn L. Grove subject to any retention of funds
which the Executors feel is appropriate in order to pay any taxes or contingent bills. In the
event any funds are retained and after payment of any bills, the Executors will split equally
the balance remaining between John M. Kiracofe and Evelyn L. Grove without any further
action required by the parties.
4.
The parties hercby forevcr rclease, compromise, scttle and discharge any and all claims,
dcmands, actions or causes of actions, legal or cquitable, absolute or contingent which any of
thcm may have against any othcr party hercto or against the Estate of Viola Ruth Kiracofe or
its Executors, John ~I. Kiracofe and Evelyn L. Grove, by reason of any matter or thing
growing out of or rclating to any property or asscts of said Estate, or growing out of or rclating
to any act of the Executors in the administration of the Estate. This Release shall release the
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Executors from all liabilities, whether due to their negligence or otherwise, which they may
have by reason of his administration of the Estate. This Release, however, shall not release the
Executors from any claims relating to fraud or claims relating to any willful action of the
Executors in failing to disclose or account for assets of the Estate which the Executors may
have received. Furthermore, this Release shall not be binding until signing of this Agreement
by the Executors and all named Beneficiaries.
5.
Each party acknowledges that he/she may present this Agreement to their own private
attorney for legal advice if such parties desire such individual legal advice.
6.
The parties agree that this Agreement shall be binding upon themselves, their
successors, assigns and personal representatives.
IN 'VITNESS 'VHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
'Vitness:
EST A TE OF VIOLA ~UTH KIRACOFE
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John M. Kiracofe, Execut~r
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Evelyn Jt;~ Grove, Executor
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\Vitness:
BENEFICIARIES:
John -'I. Kiracofe
E\l'I~ II ~. GroH
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Executors from all liabilities, whether due to their negligence or otherwise, which they may
have by reason of his administration ofthe Estate. This Release, however, shall not release the
Executors from any claims relating to fraud or claims relating to any willful action of the
Executors in failing to disclose or account for assets of the Estate which the Executors may
have received. Furthermore, this Release shall not be binding until signing of this Agreement
by the Executors and all named Beneficiaries.
s.
Each party acknowledges that he/she may present this Agreement to their own private
attorney for legal advice if such parties desire such individual legal advice.
6.
The parties agree that this Agreement shall be binding upon themselves, their
successors, assigns and personal representatives.
IN \VITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
Witness:
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EST A TE OF VIOLA RUTH KIRACOFE
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Johq,)l. Kiracofe, Executor
Evelyn L. Grove, Executor
\Vitness:
BENEFICIARIES:
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I, Viola R. Kiracofe, of 102 Front Street, Boiling Springs, Cumberland Coun~ Pennsylv.enia, '~.") .
declare this to be my last will and revoke any will previously made by me. w
LAST WILL AND TEST..-\MENT OF
Viola M. Kiracofe
ITEM ONE: I direct that all my debts and funeral expenses. shall be paid from my residuary estate
as soon as practicable after my decease as a part of the expense of the administration of my estate.
ITEM TWO: I direct that my estate should be distributed as follows:
A. r direct that my Executor pay to H. Russell Grove, II and Evelyn Grove the sum of
Fifteen Thousand ($15,000.00) Dollars as repayment on a loan made by my husband
and myself in 1983. In the event that this loan has been repaid prior to my death,
this provision shall be void. In the event I hold a certificate of deposit in joint names
with Evelyn Grove at the time of my death and Evelyn Grove becomes the owner of
that Ce11ificate of Deposit. the value of that Certificate of Deposit shall be deemed a
payment on this loan and deducted from the $15,000.00 that shall be paid according
to this paragraph.
B. I devise premises at 102 Front Street, Boiling Springs, Pennsylvania, along with the
adjoining lot together with any insurance policies thereon, to my son, John M.
Kiracofe, free and clear of any encumbrance thereon at my death, which
encumbrance shall be paid as a debt of my estate.
C. I give, devise and bequeath the rest, and residue and remainder of my estate to my
children, John M. Kiracofe and Evelyn Grove, share and share alike, per stirpes.
ITEM THREE: I appoint my children, John M. Kiracofe and Evelyn Grove as Co-Executors of this
my last will.
ITEM FOUR: All estate, inheritance, succession and other taxes, imposed or payable by reason of
my death, and interest <md penalties thereon, \vith respect to all property comprising my gross estate
for tax purposes, whether or not such property passes under this will, shall be paid out of the
principal of my residuary estate, without apportionment or right of reimbursement.
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Viola R. Kiracofe O'
PAGE ONE OF FOUR PAGES
EXHIBIT "A"
ITEM FIVE: I direct that my personal representative or guardian shall not be required to give bond
for the faithful performance of their duties in any jurisdiction.
ITEM SIX: In addition to the rights and powers given to the fiduciaries by law or elsewhere in this
will, I give to my Executors during the full time necessary and for the administration of my estate
the following rights and powers to be exercised in his sole discretion:
A. To retain any real or personal property which may at any time from a part of my estate so
long as he or she deems it advisable.
B. To invest in any real or personal property without restrictions to legal investments.
C. To repair, alter, improve or lease for any period of time any real or personal property and to
give options for leases.
D. To sell at public or private sale, for cash or credit, with or without security, to exchange or to
partition real or personal property, and to give options for leases.
E. To make distribution in kind.
F . To compromise claims.
IN WITNESS WHEREOF, I have hereunto set my hand this ;)I\..-J day of
O(,~ ,2001.
SIGNED () ~ R Jr'rl
Viola R. Kiracofe
The preceding instrument, consisting of this and three other typewritten pages each identified by the
signature of the Testatrix was on the day and date thereof signed, published and declared by the
Testatrix therein named as and for her last will, in the presence of us, who at her request, in her
presence and in the presence of each other have subscribed our names. ,
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PAGE TWO OF FOUR PAGES
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We jJ t,.. 4 /:0\ T f G- <( b:J V and .iJ 0- n c_ r1f1 <:1 USCJ I'"\.
witn~{~s wnose names are signed to the attached or foregoing instrument being duly qualified
according to law, do depose and say that we were present and saw the Testatrix sign and execute the
instrument as her last will; that she signed willingly and executed it as her free and voluntary act for
the purposes therein expressed; that each of us in the hearing and sight of the Testatrix signed the
will as witnesses; and that to the best of our knowledge, the Testatrix was at the time 18 or more
years of age, of sound mind and under no constraint or undue influence.
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Sworn and subscribed to
before me this J.u9- day
of Octo~ ,2001.
WwJ
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L- . Notarial Seal . .. j
Bridget Ann Cc,(;':iian, i'loi.ar' puclie :
C,,.ii'S18 BOrG. CUlnberland 60untYn \
t /1'1 (;c,,'fl:l1iss: :,n txp!res Jdi \8 10, 20 J2
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P AGE THREE OF FOUR PAGES
COMMONWEALTH OF PENNSYL VANIA:
ss
COUNTY OF CUMBERLAND
I, Viola R. Kiracofe, whose name is signed to the attached instrument, having been duly qualified
according to law, do hereby acknowledge that I signed and executed the instrument as my last will;
that I signed it as my free and voluntary act for the purposes therein expressed.
,
~R~
Viola R. Kiracofe
Sworn t rnned to and acknowledged before me this d!:! day of
_0 L ~ '"5' ,2001.
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Nota.rial Seal
Rridqet Ann Corroran, f'Jotary Public
l C"~I"I"le Boro Cumberland County
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r,;.; Commission Expires June 10, 2....v2
PAGE FOUR OF FOUR PAGES