HomeMy WebLinkAbout12-05-08PA. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent: HAROLD L. PYKE aJkJa HAROLD LESHER PYKE
Date of Death: October 20, 2007 File Number: 2007-01075
Pursuant to Pa. O.C. Rule 6.12, I report the following with respect to completion of the administration of the
above-captioned estate.
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:
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 may be attached to this report.
Dare: December ~ , 2008
Signat e erson Filing this Form
Capacity: ^Personal Representative ®Counsel
Jeffrey A. Ernico, Atty. I.D. 07981
Name of Person Filing this Form
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Form RW-10 rev. 10.13.06
v
SETTLEMENT AGREEMENT
This A reement is made this"`~~`da of ~~~ ~ u~~
g y , 2008, by and among
Carolyn Louise Mann, as Executrix of the Estate of Haro ~ L. Pyke, deceased, hereinafter
sometimes referred to as "Executor,"
AND
Carolyn L. Mann, in her individual capacity, and Lynn E. Pyke, D. Lyle Pyke, Lawrence
K. Pyke, Neal A. Pyke, World Radio Missionary Fellowship, Inc., d/b/a HCJB Global, formerly
d/bla HCJB World Radio, The Good News Broadcasting Association, Inc., d/b/a Back to the
Bible Foundation, Wycliffe Bible Translators, Inc. and Brethren in Christ World Missions,
hereinafter referred to collectively as "Beneficiaries."
Background Of Agreement
A. The Decedent, Harold L. Pyke, died on October 20, 2007.
B. Decedent's Last Will and Testament ("Decedent's Will") was dated June 13,
2000, and it appointed Carolyn Louise Mann to serve as Executrix of the estate.
C. Decedent's Will was probated and Letters Testamentary were duly granted to
Executrix, by the Register of Wills of Cumberland County on November 26, 2007, at File No.
2007-01075 and State File No. 21-07-1075. The date of the first complete advertisement of the
estate was December 26, 2007. A copy of Decedent's Will is attached hereto as Exhibit A and
made a part hereof by this reference.
D. Executrix has proceeded with and is nearing completion of the administration of
the estate.
E. Executrix and Beneficiaries have reached an agreement regarding the
distribution of the assets from Harold L. Pyke's Estate among themselves.
F. The parties hereto want to set forth their agreement in this document to serve as
a written memorandum and evidence of their agreement.
G. The parties desire that the proposed distributions from this estate be made to
them without the expense and delay of a formal Account.
500051 v1
Terms Of Agreement
INTENDING TO BE LEGALLY BOUND and for good and valuable consideration the
receipt whereof is hereby acknowledged, the parties hereto agree as follows:
1. The parties acknowledge that each of them has received a copy of the First and
Final Account (hereinafter "Account") of the Executrix for the Estate of Harold L. Pyke. A copy
of the First and Final Account is attached hereto as Exhibit B and made a part hereof by this
reference.
2. The parties agree that they have examined the Account and acknowledge that
the Executrix has received the principal and income and has made the disbursements and
distributions that are set forth in the Account.
3. The parties approve the Account in its entirety.
4. The parties acknowledge and understand that they have a right to a court audit of
the Account and that they would have the right in such a proceeding to appear in person or by
counsel to state any objections they might have to the accounting or to the proposed
distribution. The parties, however, hereby waive the filing and auditing of the Account in the
court having jurisdiction over the estate.
5. Beneficiaries acknowledge receipt of the property as set forth in the First and
Final Account of the Estate of Harold L. Pyke on Pages 45 and 46 under the title "Proposed
Distributions to Beneficiaries." The distributions set forth on those pages are being made to the
Beneficiaries at the same time this Agreement is being signed. The Beneficiaries also
acknowledge receipt of the risk distributions that any of them received as set forth in the First
and Final Account on Pages 18 through 20 under the title "Distributions of Principal to
Beneficiaries."
Beneficiaries acknowledge that a reserve of $10,000 is included in the First and Final
Account to cover expenses that may be payable to close the Estate. The Executor will not
provide a supplemental account to Beneficiaries at the time the balance of that reserve is
distributed to Beneficiaries. Beneficiaries acknowledge that each of the five (5) Beneficiaries
who are children of the Decedent will receive one-tenth (1/10) of any portion of the $10,000
reserve that is not used for estate expenses and that each of the four (4) Beneficiaries who are
charitable organizations will receive one-eighth (1/8) of any portion of the $10,000 reserve that
is not used for estate expenses.
6. Beneficiaries agree to refund to the Executrix any portion of the distributions to
which they are not properly entitled, whether due to the Executrix's negligence or otherwise.
7. To the extent of the funds received by the Beneficiaries from the estate (without
intending to limit the rights or remedies of the Executrix}, the Beneficiaries further agree to
indemnify, reimburse, and save the Executrix harmless against all liability, loss, and expense
(including, but not limited to, costs and counsel fees) which the Executrix may incur, whether
due to the Executrix's negligence or otherwise, as a result of making the distributions pursuant
to the "Proposed Distributions to Beneficiaries" andlor the "Distributions of Principal to
Beneficiaries" portions of the Account, without a Court Order.
8. The parties, 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 any
other party hereto or against the Estate of Harold L. Pyke, deceased, or the Executrix thereof,
by reason of any matter, cause, or thing growing out of or relating to any property or assets of
the said estate, or growing out of or relating to any act of the Executrix in her administration of
the estate, even if attributable to negligence, and agree that any period for the limitations of
actions for the collection of any erroneous distribution or distributions shall commence only at
such time as the Executrix 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 (2) years after the actual discovery thereof by the Executrix.
The parties agree to execute such additional releases as the Executrix may submit to them in
order to confirm her discharge from any further liability to the parties in connection with the said
estate.
9. The parties agree that they will at all times in the future and whenever necessary,
appropriate or convenient, make, execute, and deliver to the said Executrix and/or to any other
party or persons, any and all instruments, documents, conveyances, deeds, releases, or other
instruments of any kind necessary or convenient to carry out the intention of this Agreement
and/or to permit, assist, and enable the Executrix to fulfill her duties with reference to the estate
and all of the assets thereof.
10. The parties agree that the original and a copy of this Agreement and its exhibits
and attachments and any agreements incorporated herein by reference may be filed with the
court having jurisdiction over the estate and/or with the Register of Wills of Cumberland County.
11. This instrument is a full and final Settlement Agreement by and among the
parties hereto, whether fiduciary, individual or corporate, all having been arrived at, concluded
and executed after full and complete disclosure of the assets of the estate and the rights of the
parties therein and all of the parties hereto agree to abide by the terms hereof. This Agreement,
with its exhibits and the agreements incorporated herein by reference, constitutes the entire
understanding among the parties hereto, and each of them acknowledges that no
representations or statements of any kind, written or oral, have been made to them or any of
them prior to this Agreement by the Executrix or by any other person or party on behalf of the
Executrix.
12. This Agreement shall bind the parties hereto and their heirs, executors,
administrators, successors, and assigns.
13. This Agreement may be executed in any number of counterparts with the same
effect as if all parties hereto had signed the same document. All counterparts should be
construed together and shall constitute one agreement.
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth on the first page hereof.
Witness: EST
7 d-1
C
ATTEST:
ATTEST:
OF HOLD L. PYK(`Cy-~ ,
f '/~ / h.
/1/c' ~!{ ~(S
ayblyn Louise Man ,Executrix
a
L. Mann, Beneficiary
Lynn E. Pyke, Beneficiary
D. Lyle Pyke, Beneficiary
(SEAL)
(SEAL)
(SEAL)
(SEAL)
Lawrence K. Pyke, Beneficiary
(SEAL)
Neal A. Pyke, Beneficiary
WORLD RADIO MISSIONARY
FELLOWSHIP, INC., d/b/a HCJB
GLOBAL, formerly d/b/a HCJB World Radio,
beneficiary
By: (SEAL)
Title:
THE GOOD NEWS BROADCASTING
ASSOCIATION, INC., d/b/a BACK TO
THE BIBLE FOUNDATION, beneficiary
By:_
Title:
SEAL)
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
ss.:
COUNTY OF 1~~, ~4~,,~
On this, the ~~ay of ~ , 2008, before me, the undersigned officer, a
Notary Public in and for said county a d ate, personally appeared Carolyn Louise Mann, as
Executrix of the Estate of Harold L. Pyke, and Carolyn L. Mann, in her individual capacity,
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
and in the capacities herein stated.
IN WITNESS WHEREON, I hereunto set my hand and official seal.
Mary Public)
COMMONWEALTH OF PENNSYLVANW
Notarial Seal
Deborah J. Haney, Notary Pudic
Sustiuetrartna Twp., Dauphin Cottnty
My Comrnissiort E~ires Aug. 29, 2011
Member, Pennsylvania Association of Notaries
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth on the first page hereof.
Witness: EST,
y~l
C
E OF ~If /SOLD L. PYK
a lyn Louise Mann; Executrix
~~ ~ ~ ,~ ~ ~ 1~- (SEAL)
yn ,Beneficiary
'Vti. (SEAL)
Lynn E. yke, Beneficiary
D. Lyle Pyke, Beneficiary
(SEAL)
(SEAL)
Lawrence K. Pyke, Beneficiary
(SEAL)
Neal A. Pyke, Beneficiary
ATTEST: WORLD RADIO MISSIONARY
FELLOWSHIP, INC., d/b/a HCJB
GLOBAL, formerly d/b/a HCJB World Radio,
beneficiary
By:_
Title:
(SEAL)
ATTEST: THE GOOD NEWS BROADCASTING
ASSOCIATION, 1NC., d/b/a BACK TO
THE BIBLE FOUNDATION, beneficiary
By: (SEAL)
Title:
ACKNOWLEDGMENT
~rSS~.~trPPr
STATE OF ~6-~~I+~P~4
ss.:
COUNTY OF ~O~'rtS f
On this, the ~ day , 2008, before me, the undersigned
officer, a Notary Public in and fors id county and state, personally appeared Lynn E. Pyke,
known to me or satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(Notary Public)
NOTARY PU641C STATE OE AfiSSISSIPPI AT I,AR6t•:
MY COMMtS510N C]fPIRBS: AuII 31, 3014
tdONDED THRU NOTARY PUBLIC UNDERWR[fBRS
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth on the first page hereof.
Witness:
EST OF H COLD L. PYK
/{ ~_•_-_
~lyn Louise Man ,Executrix
f
C~,2~' ~~ ~ lz (SEAL)
- yn L. Mann, Beneficiary
(SEAL)
Lynn Pyke, ,r~eficiary
)C -'~' ~ ~~.,~-~~- (SEAL)
D. yle Py ,Beneficiary
(SEAL)
Lawrence K. Pyke, Beneficiary
ATTEST:
ATTEST:
(SEAL)
Neal A. Pyke, Beneficiary
WORLD RADIO MISSIONARY
FELLOWSHIP, INC., d/b/a HCJB
GLOBAL, formerly d/b/a HCJB World Radio,
beneficiary
By: (SEAL)
Title:
THE GOOD NEWS BROADCASTING
ASSOCIATION, INC., d/b/a BACK TO
THE BIBLE FOUNDATION, beneficiary
By:_
Title:
(SEAL)
ACKNOWLEDGMENT
STATE OF SOUTH CAROLINA
. ss..
COUNTY O ~~-~-~a-t~
~-~
On this, the 'day of ~ , 2008, before me, the undersigned
officer, a Notary Public in and for said county and state, personally appeared D. Lyle Pyke,
known to me or satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same far the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~ ~ ~J (Notary Public)
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth on the first page hereof.
Witness: ESTP,rT~ OF ~~20LD L. PYK
/ j ; ~ ~_ ._
`,~lyn Louise Man ,
Executrix )
C~ ~' ;~ - ,- . ~1~ : (SEAL)
-- yn L. Mann, Beneficiary
{SEAL)
Lynn E. Pyke, Beneficiary
`~ ~ / ,
~ `~ ~
Lyle
K. Pyke, Benefi
WORLD RADlO MISSIONARY
FELLOWSHIP, INC., d/b/a HCJB
GLOBAL, formerly d/b/a HCJB World Radio,
beneficiary
~~
fJ,~ r ~O
~. ~%4SH1N
Neal A. Pyke, Beneficiary
ATTEST:
By:_
Title:
~~~NA c~'`4~
o~~«s'c~y t,¢~ 1~_
AA'' y h,
) ' N~ t x..31 s `•~ /;n~
SEAL)
ATTEST: THE GOOD NEWS BROADCASTING
ASSOCIATION, INC., d/b/a BACK TO
THE BIBLE FOUNDATION, beneficiary
By: (SEAL)
Title:
ACKNOWLEDGMENT ~-. ~ ,,,
STATE OF WASHINGTON G~~'"~~ ~ ~ ~~
COUNTY OF U-G
On this, the ~1t~day of Sk~1t°,rrJ~J~ , 2008, befo undersigned
officer, a Notary Public in and for said county and state, personally appeared Lawrence K. Pyke,
known to me or satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(Notary Public)
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth on the first page hereof.
Witness:
EST OF H OLD L. Pl
~' .
,' a lyn Louise Mang
- yn L. Mann, Be
<<<-~.~A,L/
Executrix
,v,~(SEAL)
;ficiary
(SEAL)
Lynn E. Pyke, Beneficiary
mow.. ~, ~
(SEAL)
D. Lyle Pyke, Beneficiary
K. Py
-(SEAL)
ciary
X
Neal A. P,y~, Beneficiary
ATTEST:
(SEAL)
WORLD~F~9~~ MISSIONARY
FELLO ~ P, INC., d/b/a HCJB
GLOBAL, formerly d/b/a HCJB World Radio,
beneficiary
ATTEST:
By: (SEAL)
Title:
THE GOOD NEWS BROADCASTING
ASSOCIAT{ON, INC., d/b!a BACK TO
THE BIBLE FOUNDATION, beneficiary
By:_
Title:
,(SEAL)
ACKNOWLEDGMENT
STATE OF WASHINGTON
COUNTY OF Jk-~ct,~~ f"
ss..
On this, the ~ day of ~ f~.l~~/ , 2008, before me, the undersigned
officer, a Notary Public in and for sai county and state, personally appeared Neal A. Pyke,
known to me or satisfactorily proven to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~Pa~E SK• Cl0 G~X-L ~ 4-~-r~'~ (Notary Public)
,P o~~,1S OH FfiA ~
NOTgRY ~ Z
~' ~~ 3 82008 ~
~a~ w ,~~o
A8H
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth on the first page hereof.
Witness: EST.
J
C
ATTEST;
ATTEST:
OF Hf~OLD L. PYK
c /l/° « ~(~A~
a lyn Louise Marv(, Executrix
~' '~ ~- ~~-~ (SEAL)
yn L. Mann, Beneficiary
Lynn E. Pyke, Beneficiary
D. Lyle Pyke, Beneficiary
(SEAL)
(SEAL)
(SEAL)
Lawrence K. Pyke, Beneficiary
Neal A. Pyke, Beneficiary
(SEAL)
WORLD RADIO MISSIONARY
FELLOWSHIP, INC., d/b/a HCJB
GLOBAL, formerly d/b/a HCJB World Radio,
beneficiary
By: (SEAL)
Title: ~ re~,u~-~
THE GOOD NEWS BROADCASTING
ASSOCIATION, INC., d/b/a BACK TO
THE BIBLE FOUNDATION, beneficiary
By:_
Title:
(SEAL)
ACKNOWLEDGMENT
STATE OF ~b~brc~d,o
ss.:
COUNTY OF ~ ~ q.so
On this, the (S~da of , 2008, before me the subscriber. personally
appeared ha,n:,e1~e~.~ ,who acknowledged himself/herself to be'['re~su rer
of WORLD RADIO MISSIONARY FELLOWSHIP, INC., d/b/a HCJB GLOBAL, formerly d/b/a
HCJB World Radio, a Corporation, and that being authorized to do so as such corporate officer
executed the foregoing instrument for the purposes therein contained on behalf of the
corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
C~C.M,v~ ~~ta-r (Notary Public)
Nly co rn, m ~ ss~, e-~. e,~, ~~ r c-~ l a ~ ~ ~ ~° ~ I ,
IN WITNESS WHEREOF, the parties hereto have signed this Agreement on the date set
forth on the first page hereof.
Witness: EST OF Hf~OLD L. PYK
r ~-
_ ~lyn Louise Man ,Executrix
C~-~' ~,~- „ ~ ~~ ` (SEAL)
-- yn L. Mann, Beneficiary
(SEAL)
Lynn E. Pyke, Beneficiary
(SEAL)
D. Lyle Pyke, Beneficiary
(SEAL)
Lawrence K. Pyke, Beneficiary
(SEAL)
Neal A. Pyke, Beneficiary
ATTEST:
ATTEST:
WORLD RADIO MISSIONARY
FELLOWSHIP, INC., d/b/a HCJB
GLOBAL, formerly d/b/a HCJB World Radio,
beneficiary
By: (SEAL)
Title:
THE GOOD NEWS BROADCASTING
ASSOCIATION, INC., d/b/a BACK TO
THE BIB FOUNDA O beneficiary
Tltle: surer, Bryon L. Swanson
ACKNOWLEDGMENT
STATE OF Nebraska
COUNTY OF Lancaster
. ss..
On this, the 16 day of September , 2008, before me the subscriber. personally
appeared Bryon L. Swanson ,who acknowledged himself/herself to be Treasurer
of THE GOOD NEWS BROADCASTING ASSOCIATION, INC., d/b/a BACK TO THE BIBLE
FOUNDATION, a Corporation, and that being authorized to do so as such corporate officer
executed the foregoing instrument for the purposes therein contained on behalf of the
corporation.
1N WITNESS WHEREOF, I hereunto set my and and cj~ficial seal.
tp ;,';:... ~~ a ~r
„~, ;o (Notary Public)
,~ ...
My Comm. FxpJuly 22, 2"' .
+ MO1AltT Shti et Ne6nska
GENE HOBELMAN
Alp Comm. ExpJuy 22, 2010
ATTEST:
r-
ATTEST:
WYCLIFFE BIBLE TRANSLATORS, INC.,
beneficiary ~
By: u~'Z~i d K'~/i--~ (SEAL)
Title: eq ueS~- Qy(m ~ /~ t ~S~-'zt ~~ j'
BRETHREN IN CHRIST WORLD
MISSIONS, beneficiary
By:_
Title:
SEAL)
ACKNOWLEDGMENT
STATE OF
. ss..
COUNTY OF n~~Yt-~-e-
On t is, the day of Sy~D~nt,6~ , 2008, before me the subscriber. personally
appeared C~ _~- ((~~'~~n ,who acknowledged himself/herself to be ~~
of WYCLI E BIBLE TRANSLATORS, INC., a Corporation, and that being autho ized to do so
as such corporate officer executed the foregoing instrument far the purposes therein contained
on behalf of the corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
'~ Notary Public State of Fbrida
ChAstena Marre Bllby
c~ My Commission 80703817 (Notary Public)
~~ ~~ Expires 08/09/2011
ATTEST:
ATTGCT•
WYCLIFFE BIBLE TRANSLATORS, INC.,
beneficiary
By:_
Title:
(SEAL)
BRETHREN IN CHRIST WORLD
MISSION ,beneficiary
By: ~ (SEAL)
Titl~ E'er ~~.. ~J'.~e ~'~ r'--
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
ss.:
COUNTY OF ~ur-•~,~a~0.~.n 1
On this, the ~ L~~~day of S2~~R~,~h~Q~f' , 2008, before me the subscriber. persqQ~~~a~lly
appeared who acknowledged I~s~el#/herself to be ~ew~:~3Q..1>>~~~.o~'
of BRETHREN IN CHRIST WORLD 1SSIONS, a Corporation, and that being authorized to do
so as such corporate officer executed the foregoing instrument for the purposes therein
contained on behalf of the corporation.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public)
CGMMI?~~l.~cfi~~~ I~1 GF ~~ldl~S'>'LVAMA
i~atarlai Seat
Kimberly J. le~:rnan, fJotary Pubic
Upper Allen Twla., Cumberland Couniy
My Commissk°~ Expires Sept. 26, 2010
Member, Pennsylvsrii~ Hssoci~~?ipn of Notaries