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HomeMy WebLinkAbout11-30-09Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Bruce L. Gates Date of Death: 11/29/2007 File Number: 21-07-01107 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: 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 representative's account is: c. Did the personal representative state an account informally to the parties in interest? Q Yes ^ No ^ Yes ® No 0 Yes ^ No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts may be filed with the Clerk of Orphans' Court and may be attached to this report. oare l I ~ ~~~ n~ O t ~cr, ~ a r-: ~y ~ . C~ -. """= = ~ f.~~~c~ C.U C..1 r~ U L~ ~:] I J G J ~ .. := }-- M u C/J f,'~3 O ~ ~- fY] C.. L.! 1 .2 CL R. !'~l Form RW-~0 Rav. 10. 13-2006 Amy M. Moya Name a/Pomon Frprp Mrs Farm 5011 Locust Lane Harrisburg, PA 17109 Gb. Stefo, Lp 717/552-7323 Copyright (c) I0p6loan software only The Lackner Group, Inc \U'A Capacity: ^ Personal Representative ® Counsel IN RE: ESTATE OF BRUCE L. GATES, DECEASED COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION N0.2007-01107 ESTATE SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3rd day of November, 2009. WITNESSETH: THE CIRCUMSTANCES leading up to the execution of this Agreement aze as follows: 1. BRUCE L. GATES during his lifetime executed the Last Will and Testament of BRUCE L. GATES dated September 8, 2005. 2. BRUCE L. GATES died on November 29, 2007. 3. Pursuant to Article Five, Section 5.01 of the Last Will and Testament of BRUCE L. GATES, FRANK K. GATES was appointed to serve as Executor of the Estate. 4. FRANK K. GATES became the Executor of the Estate of BRUCE L. GATES by Grant of Letters issued by the Cumberland County Register of Wills on December 5, 2007. 5. Article Three, Section 3.02 of the Last Will and Testament of BRUCE L. GATES provides as follows: I give my residuary estate in equal shazes to my children. If a child of mine fails to survive me, that child's shaze shall be distributed to my surviving children, pro rata. If all of my children fail to survive me, then my residuary estate shall be distributed in accordance with the provisions of Article Four entitled "Remote Contingent Distribution". 6. BRUCE L. GATES is survived by his three children, CALVIN J. GATES, CAROL ANN GRAHAM, and FRANK K. GATES. 7. At the time of Bruce L. Gates' death, there were not enough assets in his individual name to pay Estate expenses. The majority of the accounts were made joint with the beneficiaries of the Estate. Therefore, the Beneficiaries contributed their shazes of the following accounts in order to establish the Estate checking account: Wachovia Checking Account No. 0180 (Frank, Cazol, Calvin) Members ls` FCU Savings Account No. 181238-00 (Carol, Calvin) M&T Money Market Fund, Account No. AZD460699 (Bruce L. Gates TOD Frank, Carol, Calvin) M&T Select Checking Account No. 36581135 (Calvin) The Beneficiaries desire to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"). 9. The Beneficiazies desire to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of the Informal Account (the "Account"), attached hereto as Exhibits "A" and "B" and incorporated herein by this reference. 10. The Beneficiaries agree to an unequal distribution of the Estate assets as outlined in the Distribution Summary (the "Summary"), attached hereto as Exhibit "C" and incorporated herein by this reference. The Beneficiazies desire that the distributions, as set forth on Exhibit "C," be in full satisfaction of their rights in the Estate. 11. The Beneficiazies wish to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate or the Executor after the date hereof. 12. The Executor is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. NOW THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiaries, for themselves, their successors, and assigns: Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above aze true and correct, to the best of their knowledge, information, and belief. 2. Declaze that they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and do hereby waive the filing and auditing of the same. 3. Acknowledge that the distributive share or amount set forth on these Schedules shall be in full satisfaction of their respective entitlement under the Estate. 4. Release, remise, quitclaim, and forever discharge the Executor, his heirs, personal representatives, successors, and assigns, from and against all claims that they, as legatees of the Estate, and in connection with the Estate, had, now have or may in the future have in connection with the Estate. 5. Agree to refund, on demand, all or any part of any aforesaid distribution, which has been determined by the Executor, or by the Court, or by any Court of competent jurisdiction, to have been improperly made. 6. Should any proper liabilities of the Estate, whether for taxes or otherwise, arise or come to the attention of the Executor or any of the other parties thereafter, the Beneficiaries agree to be liable to the extent of the distribution they received from the Estate. 7. Agree to indemnify and hold harmless the Executor, his heirs, personal representatives, successors, and assigns, from and against any and all claims, loss, liability, or damage (whether or not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. 8. Agree to execute such other or additional documents as may be necessary to effectuate the agreements set forth herein. 9. Acknowledge that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania. 10. Consent to the Court. exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, CALVIN J. GATES, CAROL ANN GRAHAM, and FRANK K. GATES have placed their hands and seals on the attached Consents to the Estate Settlement Agreement. CONSENT TO ESTATE SETTLEMENT AGREEMENT I, CALVIN J. GATES, hereby acknowledge receipt of my respective interest in the estate of the Decedent as reflected in Exhibits A, B, & C. I hereby consent to and join in the Estate Settlement Agreement relating to the ESTATE OF BRUCE L. GATES. A copy of the Estate Settlement Agreement, including exhibits, has been provided to me. ~; CALVIN J. G 'ES STATE OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the 2nd dayof_ November SS. 2009, before me, the undersigned officer, personally appeazed CALVIN J. GATES, 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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~' ~~ ary Public COMMONWEALTH OF PENNSYLVANIA h1ot~AN SaN John S. D~WOwn, hlaWy public OWryTwp., wupNncoumy MY Commietbn E>~as Mq 3, 2013 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, CAROL ANN GRAHAM, hereby acknowledge receipt of my respective interest in the estate of the Decedent as reflected in Exhibits A, B, & C. I hereby consent to and join in the Estate Settlement Agreement relating to the ESTATE OF BRUCE L. GATES. A copy of the Estate Settlement Agreement, including exhibits, has been provided to me. l ~/~HU //M 7ti / L /f3~J f}ry_J'~ CAROL ANN GRAHAM COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAiJPH1N On this, the ~ day of ~UfE~~ , ?009, before me, the undersigned officer, personally appeazed CAROL ANN GRAHAM 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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~~~ Notazy Public oa+sE rMUns _ w~auRO mitt a~ +w ecurn tiM Car~bn ~ May X1,1910 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, FRANK K. GATES, hereby acknowledge receipt of my respective interest in the estate of the Decedent as reflected in Exhibits A, B, & C. I hereby consent to and join in the Estate Settlement Agreement relating to the ESTATE OF BRUCE L. GATES. A copy of the Estate Settlement Agreement, including exhibits, has been provided to me. _1~'-!° ~ FRANK K. GATES COMMONWEALTH OF PENNSYLVANIA . SS. COUN'T'Y OF DAUPHIN On this, the ~ _ day of -1~~~ `r , ?009. befo; a me, ±he undersigned officer, personally appeazed FRANK K. GATES 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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. /~ Notazy SHEILA REED FLICKINGER, Notary Public Susquehanna 7wp., Dauphin County ~,9v Commission Expires May 31, 2011 EXHIBIT A Estate Checking Account DESCRIPTION RECEIPT M&T Select Checking Account No. 36581135 closin balance $16,221.08 LDH Partners/HomeInstead Senior Care refund of nursin care $700.00 HCR Manorcaze refund of nursin home care $1,276.76 Deposit from Wachovia Classic Crown Checking Account (Calvin's 1/3 of the account & Frank's 1/3 of the account $22,019.36 Deposit from Wachovia Classic Crown Checking Account Carol's 1/3 of the account $11,009.68 Pett Cash and Coins $268.00 Erie Insurance homeowners insurance refund $240.00 RiverSource refund of remium $1,212.79 M&T Bank Prime Money Mazket Account closin balance $56,890.57 Kindred Place refund of housin $1,534.29 Prudential Life Insurance $10,520.20 Riversource (reimbursement from long term Gaze insurance $2,145.00 PPL dividend check $65.88 Members Is` Calvin's 1/2 of the account $54.65 Members IS` Carol's 1/2 of the account $54.65 PPL dividend check $72.36 Pennsylvania Department of Revenue refund of income tax $19.29 PPL dividend check $72.36 PPL (dividend check) $72.36 Public School Em to ees' Retirement S stem $873.47 Pennsylvania Department of Revenue refund of inheritance tax $269.02 PPL dividend $72.36 * $0.00 PPL dividend check $75.33 * $0.00 Total $125 591.77 PPL Stock Shares Value as of Value as of 10/6/2009 11/29/2007 216 certificate form) $10,866.96 $6,433.28 Dividend Reinvestment 2.334 shazes issued on 1/2/2009 2.618 shazes issued on 4/1/2009 2.278 shazes issued on 7/1/2009 2.562 shares issued on 10/1/2009 Total of shares in dividend reinvestment = 9.792 $0.00 $292.10 Total $6,735.38 * Amounts stated in the previous version of this Agreement were incorrect. The dividends were not paid out in check form, they were reinvested. EXHIBIT B Estate Account DESCRIPTION DISBURSEMENTS i M&T Bank refund of PA Treasur annuit $720.63 Millennium Pharmac S stems rescri lions $14.75 United Church of ChrisUSaza Todd nursin care $1,604.45 Susan E. Lederer le al fees $6,196.76 Calv (refreshments after viewin $150.06 Frank K. Gates (reimbursement for funeral flowers - Gazden Path $519.92 Frank K. Gates (reimbursement for probate costs - Cumberland Count Re ister of Wills $54.00 Frank K. Gates (reimbursement for payment to Extra Hands Home Health Care $369.72 Frank K. Gates (reimbursement for Corner Plaques and Flag Case -'Zimmerman Auer Funeral Home $380.00 Frank K. Gates (reimbursement for final billing -Kindred Place $109.05 Frank K. Gates (reimbursement for medical visit - Dr. Andren) $15.00 Frank K. Gates (reimbursement for Obituary and additional Death Certificates -Zimmerman Auer Funeral Home $207.80 Frank K. Gates (reimbursement for family gathering at Stazbucks followin funeral $41.13 Vital Records additional death certificates $90.00 Pazks & Com an tax re azation $100.00 Soverei n Bank checkbook fee $13.85 Parks & Company (fee for Deb Wartell to review notes & calculate estimated a ments for income tax returns $100.00 Zimmerman Auer Funeral Home refund of re aid burial $30.21 Pennsylvania Department of Revenue (estimated income tax a ment $2,825.00 U.S. Treas estimated income tax a ent $10,150.00 Millennium Pharmac S stems rescri tions $10.20 PSERS return of retirement funds not eli ible to receive $609.94 Brian Gates a ent for errands $ ] 25.00 Re ister of Wills, A ent re a ent of PA Inheritance Tax $28,500.00 U.S. Treasur a ment of Federal Income Tax $8,461.00 PA De artment of Revenue a ent of PA Income Tax $76.00 Steven Fahnestock tax re aration $340.00 Kindred Place of Harrisbur memorial Re ister of Wills additional robate costs $2,500.00 $70.00 Total $64,384.47 EXHIBIT C Distributiou Summary Proposed Cash Distrihutinns P!~ -- .DO1,L V /.J V NAME DISTRIBUTION CALVIN J. GATES $0.00 CAROL ANN GRAHAM $5,000.00 FRANK K. GATES $0.00 ACCOUNT FOR BRIAN L. GATES (to be $51,207.30 managed by Frank K. Gates) [Upon Brian's death, any remaining funds in this account will be distributed in equal shares to Calvin, Cazol and Frank, or the survivor(s) of them. TOTAL $56,207.30 Proposed Stock Distribution NAME DISTRIBUTION FRANK K. GATES 225.792 shazes of PPL stock (valued at $6,735.38 on 10/6/2009 *NOTE: Approximate reserve amount is being maintained in the account for purposes of paying final fees and/or expenses. Once the Estate is closed, the reserve account will be closed and the remaining balance (including any interest) distributed to the Account for Brian L. Gates.