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HomeMy WebLinkAbout10-08-08Pa. O.C. RULE 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Date of Death: WESLEY J. ALLARD October 18, 2005 File No.: 21-OS-1025 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: ® 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? b. The separate Orphans' Court No. (if any) for the personal repre;sentative's account is: ^ Yes ®No 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 an be attached~lfFiis report. zn -= ~-~ Dare: N October .,~ , 2008 t-' _ - : c'v c .z_ ignature of Person Filing this Form -- - ~ ~ ; _ Capacity: ^ Personal Representative ®Counsel --' c'` O ` ~ Hubert X. Gilroy ,Esquire ~ of ~ Name of Person Filing this Form - ~ '_~ , ~ Martson Deardorff Williams Otto Gilroy & Faller -_-`' ~ ,. ~ o ` ~; ~ ' ;' ~` ~ Address -~-- ri. c ~ ~ pJ 10 East High Street ~ Carlisle, PA 17013 (717) 243-3341 Telephone F:\F7LES\Cfients\12384 AllardV 2384.1.srep ' F:'~FILES~~C6rnts\12384 Allard\12384. LFamilySettletnrnt ~ t ~ ~,f ~~./ u ESTATE OF WESLEY J. ALLARD ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of w ~e..r------ 2008, between Joseph M. Allard, Executor of the Estate of Wesley J. Allar Executor"), and Joseph M. Allard, Patrick W. Allard and Mary C. Spiker (in their individual capacities) (collectively referred to hereinafter as the "Beneficiaries"). WITNESSETH: WHEREAS, Wesley J. Allard ("Decedent") died on October 18, 2005; and WHEREAS, pursuant to the Will of the Decedent dated February 11, 1999, a copy of which is attached hereto and marked Exhibit "A", Joseph M. Allard was appointed Executor of the Decedent's Estate by the Cumberland County Register of Wills by appropriate action of the Register of Wills on November 22, 2005, and docketed at No: 21-OS-1025; and WHEREAS, the Executor has truly and appropriately administered the Estate of the Decedent; and WHEREAS, the Executor has 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 Executor has and will file the appropriate Pennsylvania and Federal Income Tax Returns for the Estate; and WHEREAS, the Executor has accomplished the payment of all obligations owing on the Tecedent's Estate, except for any final income taxes and attorneys fees for which fiords have been reserved; and WHEREAS, the Executor has provided the opportunity to all Beneficiaries to examine all records of the Decedent in the possession of the Executor and to examine all records of the Estate; and WHEREAS, the Executor has made various partial distributions to the Beneficiaries; and WHEREAS, the Executor is prepared to achieve the final distribution of the Decedent's Estate subject to the reserve as set forth below; and WHEREAS, the Executor 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 Executor desires 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 Executor rtiay distribute the remaining assets of the Estate equally between Joseph M. Allard, Patrick W. Allard and Mary C. Spiker subject to any retention of funds which the Executor feels 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 Executor will split equally the balance remaining between Joseph M. Allard, Patrick W. Allard and Mary C. Spiker without any further action required by the parties. 4. The parties hereby forever release, compromise, settle and discharge any and all claims, demands, actions or causes of actions, legal or equitable, absolute or contingent which any of them may have against any other party hereto or against the Estate of Wesley J. Allard or its Executor, Joseph M. Allard, by reason of any matter or thing growing out of or relating to any property or assets of said Estate, or growing out of or relating to any act of the Executor in the administration of the Estate. This Release shall release the Executor from all liabilities, whether due to his negligence or otherwise, which he may have by reason of his administration of the Estate. This Release, however, shall not release the Executor from any claims relating 1:o fraud or claims relating to any willful action of the Executor in failing to disclose or account for assets of the Estate which -2- the Executor may have received. Furthermore, this Release shall not be binding until signing of this Agreement by the Executor 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 WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ESTATE OF WEST, . ~LLARD ~. Joseph .Allard, Executor WITNESS: BENEFICIARIES: __.. Jose~h .Allard Patrick W. Allard Diary C. Spiker -3- F:` FILES\CGrntsU 2384 AIIardV 2384. LFamilySettlanrnt x ~~ ESTATE OF WESLEY J. ALLARD ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~,,...~.~ 2008, between Joseph M. Allard, Executor of the Estate of Wesley J. Allard ("Executo:r"), and Joseph M. Allard, Patrick W. Allard and Mary C. Spiker (in their individual capacities) (collectively referred to hereinafter as the "Beneficiaries"). WITNESSETH: WHEREAS, Wesley J. Allard ("Decedent") died on October 18„ 2005; and WHEREAS, pursuant to the Will of the Decedent dated February 11, 1999, a copy of which is attached hereto and marked Exhibit "A", Joseph M. Allard was appointed Executor of the Decedent's Estate by the Cumberland County Register of Wills by appropriate action of the Register of Wills on November 22, 2005, and docketed at No: 21-OS-1025; and WHEREAS, the Executor has truly and appropriately administered the Estate of the Decedent; and WHEREAS, the Executor has 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 Executor has and will file the appropriate Pennsylvania and Federal Income Tax Returns for the Estate; and WHEREAS, the Executor has accomplished the payment of all obligations owing on the Decedent's Estate, except for any final income taxes and attorneys fees for which funds have been reserved; and WHEREAS, the Executor has provided the opportunity to all Beneficiaries to examine all records of the Decedent in the possession of the Executor and to examine all records of the Estate; and WHEREAS, the Executor has made various partial distributions to the Beneficiaries; and WHEREAS, the Executor is prepared to achieve the final distribution of the Decedent's Estate subject to the reserve as set forth below; and WHEREAS, the Executor 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 -1- are willing to enter into this Estate Settlement Agreement in order to expedite the conclusion of the Estate; and WHEREAS, the Executor desires 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 Executor may distribute the remaining assets of the Estate equally between Joseph M. Allard, Patrick W. Allard and Mary C. Spiker subject to any retention of funds which the Executor feels is appropriate in order to pay any taxes or contingent bills. In the event any funds are retained and a$er payment of any bills, the Executor will split equally the balance remaining between Joseph M. Allard, Patrick W. Allard and Mary C. Spiker without any further action required by the parties. 4. The parties hereby forever release, compromise, settle and discharge any and all claims, demands, actions or causes of actions, legal or equitable, absolute or contingent which any of them may have against any other party hereto or against the Estate of Wesley J. Allard or its Executor, Joseph M. Allard, by reason of any matter or thing growing out of or relating to any property or assets of said Estate, or growing out of or relating to any act of the Executor in the administration of the Estate. This Release shall release the Executor from all liabilities, whether due to his negligence or otherwise, which he may have by reason of his administration of the Estate. This Release, however, shall not release the Executor from any claims relating to fraud or claims relating to any willful action of the Executor in failing to disclose or account for assets of the Estate which -2- the Executor may have received. Furthermore, this Release shall not be binding until signing of this Agreement by the Executor 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 WITNESS WHEREOF, the parties have hereunto set their hazids and seals the day and year first above written. WITNESS: WITNESS: x ESTATE OF WESLEY J. ALLARD Joseph M. Allard,l?xecutor BENEFICIARIES: Joseph M. Allard -~ ~~ ~ ~-~: w ~-- Patrick W. Allard Mary C. Spiker -3- F:~FlLES~CGrnts~12364 AIIard\t2384.1.FamilySettlemrnt ESTATE OF WESLEY J. ALLARD ESTATE SETTLEMENT AGREEMENT 1 ;`'~ ~~ t~ ~,/ 5~ ,'! ... :.,.. ~ ~ 5,.d +t.b THIS AGREEMENT, made this ~ ~t`' day of ~~ 2008, between Joseph M. Allard, Executor of the Estate of Wesley J. Allard ("Executor"), and Joseph M. Allard, Patrick W. Allard and Mary C. Spiker (in their individual capacities) (collectively referred to hereinafter as the "Beneficiaries"). WITNESSETH: WHEREAS, Wesley J. Allard ("Decedent") died on October 18, 2005; and WHEREAS, pursuant to the Will of the Decedent dated February 11, 1999, a copy of which is attached hereto and marked Exhibit "A", Joseph M. Allard was appointed Executor of the Decedent's Estate by the Cumberland County Register of Wills by appropriate action of the Register of Wills on November 22, 2005, and docketed at No: 21-OS-1025; and WHEREAS, the Executor has truly and appropriately administered the Estate of the Decedent; and WHEREAS, the Executor has 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 Executor has and will file the appropriate Pennsylvania and Federal Income Tax Returns for the Estate; and WHEREAS, the Executor has accomplished the payment of all obligations owing on the Decedent's Estate, except for any final income taxes and attorneys fees fir which funds hav;, been reserved; and WHEREAS, the Executor has provided the opportunity to all Beneficiaries to examine all records of the Decedent in the possession of the Executor and to examine all records of the Estate; and WHEREAS, the Executor has made various partial distributions to the Beneficiaries; and WHEREAS, the Executor is prepared to achieve the final distribution of the Decedent's Estate subject to the reserve as set forth below; and WHEREAS, the Executor 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 -1- are willing to enter into this Estate Settlement Agreement in order to expedite the conclusion of the Estate; and WHEREAS, the Executor desires 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 Executor may distribute the remaining assets of the Estate equally between Joseph M. Allard, Patrick W. Allard and Mary C. Spiker subject to any retention of funds which the Executor feels 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 Executor wild split equally the balance remaining between Joseph M. Allard, Patrick W. Allard and Mary C. Spiker without any further action required by the parties. 4. The parties hereby forever release, compromise, settle and discharge any and all claims, demands, actions or causes of actions, legal or equitable, absolute or contingent which any of them may have against any other party hereto or against the Estate of Wesley J. Allard or its Executor, Joseph M. Allard, by reason of any matter or thing growing out of or relating to any property or assets of said Estate, or growing out of or relating to any act of the Executor in the administration of the Estate. This Release shall release the Executor from all liabilities, whether due to his negligence or otherwise, which he may have by reason of his administration of the Estate. This Release, however, shall not release the Executor from any claims relating to fraud or claims relating to any willful action of the Executor in failing to disclose or account for assets of the Estate which -2- the Executor may have received. Furthermore, this Release shall not be binding until signing of this Agreement by the Executor 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 WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: WITNESS: ESTATE OF WESLEY J. ALLARD Joseph M. Allard, Executor BENEFICIARIES: Joseph M. Allard ~! ~..~ ~~na~ Patrick W. Allard Mary .Spiker -3-