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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 u_ ~~ ~ ~ _, (+,~ , ~ ~ , _-~ ,~„~ ~- " 3401 North Front Street, P.O. Box 5950 ~ ~. ? -- _ _ a -; C `) Address __ t~_ 1. __ t .. ~ Ca_ _ u r ~ -- : ~ : ~"~ `~~"~ _ , ~''~' ~`-~ /.` . Harrisburg PA 1 7 1 1 0-0950 -- Ls~ ~ y == ~-; ~; . t-' ~ ~ - 5717) 232-5000 c.; c~j ':._~ ? Cet _ G~ `_- . Telephone _ .-_ ~- ~ CJ 5~6311v1 y 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