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STATUS REPORT UNDER RULE 6.12
Name of Decedent: .lean H. Dunlap
Date of Death: May 22,2012
Register File No. 21-12-0734
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following
with respect to completion of the administration of the above-captioned estate:
I. State whether administration of the estate is complete: Yes XX No
2. 1f the answer to#1 is No, state when the personal
representative reasonably believes that the administration
will be complete:
3. If the answer to#I is Yes, state the following:
a. Did the personal representative file a final
account with the Court? Yes No X
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 X No
d. Copies of receipts, releases,joinders and
approvals of formal or information accounts may
be tiled with the Clerk of the Orphans'Court
and may be attached to this report. (attached)
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Aim,'',� 2013
Rya Gager, Esquire /
r" Sau wing LLP
Attorney for Estate
P.O. Box 12002
-; Harrisburg, PA 17108-2002
717-257-7524
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COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ESTATE OF JEAN H. DUNLAP, DECEASED
No. 21-12-0734
STATEMENT OF PROPOSED DISTRIBUTION,
APPROVAL OF ACCOUNT AND APPROVAL OF ADMINISTRATION and
RECEIPT RELEASE AND INDEMNIFICATION AGREEMENT
FIRST: BACKGROUND
A. Jean H. Dunlap (the "Testator") died on May 22, 2012, leaving a Will
dated June 19, 2000 (the "Will"). A copy of the Will is attached hereto as Exhibit A. The Will
was filed for probate with the Register of Wills of Cumberland County, Pennsylvania and Letters
Testamentary were granted to Margaret Jane Dunlap (the "Executor"), on July 3, 2012.
B. Under Article Second of Testator's Will, a specific bequest of$500 was
made to Pine Street Presbyterian Church (copy of Release attached hereto as Exhibit B).
C. Under Article Fourth of Testator's Will, all assets are to be distributed to
her sister, Margaret Jane Dunlap.
D. The Executor and sole residual beneficiary of the Estate of Jean H. Dunlap
(the "Estate"), is prepared to settle the Executor's administration of the Estate informally, in
consideration of the recitations contained herein and the execution of this Statement of Proposed
Distribution, Approval of Receipt, Release and Indemnification Agreement (the "Agreement")
by the Beneficiary of the Estate.
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SECOND: AGREEMENT
The Beneficiary, for the purpose of inducing the Executor to make distribution of
the entire ascertained balance of income and principal of the Estate to the Beneficiary, without
court audit and without the confirmation of a formal court order, and to save the time, publicity
and expense of a formal court accounting, hereby certifies that:
1. The preceding recitations are true and correct,
2. The Beneficiary confirms that the joint assets as reported on the
Pennsylvania Inheritance Tax Return in the amount of$119,892.48 have been retitled in her sole
name and approves the same as having the same effect as if an Account had been filed, audited
and confirmed absolutely by the Orphans' Court Division of the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction.
3. The Beneficiary confirms that the stocks as reported on the Pennsylvania
Inheritance Tax Return in the amount of$111,385.20 have been retitled in her name, and
approves the same as having the same effect as if an Account had been filed, audited and
confirmed absolutely by the Orphans' Court Division of the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction.
4. The Beneficiary confirms that the cash as reported on the Pennsylvania
Inheritance Tax Return in the amount of$1,786.81 was received, and approves the same as
having the same effect as if an Account had been filed, audited and confirmed absolutely by the
Orphans' Court Division of the Court of Common Pleas of Cumberland County, or any other
court of competent jurisdiction.
5. The Beneficiary confirms that the IRA Annuity as reported on the
Pennsylvania Inheritance Tax Return in the amount of$74.480.30 has been paid to her name,
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and approves the same as having the same effect as if an Account had been filed, audited and
confirmed absolutely by the Orphans' Court Division of the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction.
6. The Beneficiary confirms that all expenses owed by the Estate at the time
of decedent's death and all expenses associated with the administration of the Estate have been
paid in full by Beneficiary, and approves the same as having the same effect as if an Account had
been filed, audited and confirmed absolutely by the Orphans' Court Division of the Court of
Common Pleas of Cumberland County, or any other court of competent jurisdiction.
7. The Beneficiary waives a formal accounting, of either principal or income,
and waives the preparation and filing of any account in connection herewith with the court.
8. The Beneficiary approves the balances transferred, subject only to final
termination expenses, and requests distribution by the Executor of the entire balances to the
Beneficiary as provided in the Will. As a result, the entire residue of the decedent's Estate is
now distributable to Testator's sister, Margaret Jane Dunlap.
9. The beneficiary hereby:
a. Releases and discharges Margaret Jane Dunlap and her heirs,
next-of-kin, personal representatives, agents, successors and assigns, both individually
and as Executor, absolutely, from any and all further liability, claim or demand in
connection with the Estate, the Executor's administration of the Estate, and the settlement
and distribution of the income and principal of the Estate upon this Agreement.
b. Agrees to indemnify, to the extent of the funds distributed to her
from the Estate, the Executor and the Executor's heirs, next-of-kin, personal
representatives, agents, successors and assigns, both individually and as Executor, against
all liability, loss or expense (including costs and counsel fees) which may ever be
incurred hereafter in connection with the above-described accounting and the
administration and distribution of the Estate without a court order, and to refund any
other amount which may at any time and for any reason, including negligence, be
determined to have been an erroneous distribution.
C. Agrees that the running of the Statute of Limitations for the
collection by the Executor from the Beneficiary of any erroneous distribution shall
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commence only at such time as the Executor has obtained actual knowledge of the
erroneous distribution, and in no event shall that period expire in less than two years after
the actual discovery of the erroneous distribution by the Executor.
d. Agrees that this Agreement shall be governed by and construed
under the laws of the Commonwealth of Pennsylvania, without regard to Pennsylvania
law concerning choice of law.
10. This Agreement shall inure to the benefit of the heirs, next-of-kin,
personal representatives, agents, successors and assigns of the Executor and shall be binding
upon the respective heirs, next-of-kin, personal representatives, successors and assigns of each of
the parties hereto.
Intending to be legally bound, the Beneficiary executed this Agreement on the
date indicated.
>
Wi ess: MA/RGA T JANE UNLAP
Individually and as Executor
Date
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1
LAST WILL AND TESTAMENT
OF
JEAN HAYS DUNLAP
I, JEAN HAYS DUNLAP, of the Borough of New Cumberland, Cumberland
County, Pennsylvania, declare this to be my Will and revoke all prior Wills.
FIRST: Tangible Personal Property: I give all of my tangible personal
property, including any automobiles, together with all insurance on such property, to my
sister, MARGARET JANE DUNLAP, if my sister survives me; otherwise I give such
property to my nephew, JAMES M. DUNLAP and my niece, SHARON A. CONGDON, if
both of them survive me, or the survivor of them, if one of them survives me. If both of them
survive me, the tangible personal property shall be divided as they shall agree, each selecting
such items in turn.
SECOND: Cash Legacy: I give and bequeath $500 to the church that I am a
member at my death if my estate is at least $50,000 based on the final federal estate tax value
for my estate; otherwise I give $100 to the church that I am a member at my death.
THIRD: Cash Legacy: If my sister, MARGARET JANE DUNLAP, does
not survive me, I give and bequeath $500 to each of my grandnephews and grandnieces that
survive me.
FOURTH: Residue: I give, devise and bequeath all the residue of my estate,
of whatever nature and wherever situated, to my sister MARGARET JANE DUNLAP, if she
survives me by 60 days. If MARGARET JANE DUNLAP does not survive me by 60 days,
the Executor shall divide the residue in two equal shares and distribute one such share to
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JAMES M. DUNLAP, if then living and if he is not then living, distribute such share to
JAMES M. DUNLAP's living issue, per stirpes and distribute the other such share to
SHARON A. CONGDON, if then living; and if she is not then living distribute such share to
SHARON A. CONGDON's living issue, per stirpes.
FIFTH: Minority Provision: Any income or principal (other than tangible
personal property) which becomes distributable to a minor (and for purposes of this Will, the
term "minor" shall refer to a person under age twenty-one) shall be held in a trust fund by the
Trustee during minority. The Trustee shall apply such amounts of income and principal as the
Trustee, in the Trustee's sole discretion, deems proper for the support, health, education and
welfare of such minor and shall accumulate any unexpended balance of income. Such amounts
may be applied directly or may be paid to the person with whom such minor resides or who
has the care or control of such minor, without the intervention of a guardian. The Trustee
shall not be obliged to supervise or inquire into the application of such amounts by such
person, and the receipt of such person shall be a complete release of the Trustee. Should any
such fund, in the sole opinion of my Executor or Trustee, be or become too small to warrant
continuing such fund in trust, or should its administration be or become impractical for any
other reason, my Executor or Trustee, in the Executor or Trustee's sole discretion, may pay
such fund, absolutely, to the parent or other person maintaining said minor or may deposit
such fund in the minor's name in an interest-bearing account in a financial institution of the
Executor or Trustee's choosing, payable to the minor at majority. If such minor dies before
attaining age twenty-one, such fund shall be distributed to such minor's estate.
SIXTH: Protective Provision: All principal and income shall, until actual
distribution to the beneficiary, be free of the debts, contracts, alienations and anticipations of
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any beneficiary, and shall not be liable to any levy, attachment, execution or sequestration
while in the hands of my Executor or Trustee.
SEVENTH: Tax Clause: All estate, inheritance, succession and other taxes,
imposed or payable by reason of my death, and any penalties thereon (the "'faxes"), with
respect to all property owned by me at the time of my death and passing under this Will, or
any Codicil, shall be paid out of the principal of my general estate., as if the Taxes were
administration expenses, without apportionment or right of reimbursement. The Taxes shall be
paid at such times or times as may be deemed advisable.
EIGHTH: Powers of Executor and Trustee: In addition to the powers
given by law, my Executor and Trustee, and any successors, without any order of court and in
the sole discretion of the Executor and Trustee, may:
a. Retain any real or personal property, including the family's
residence, as long as deemed advisable.
b. Invest in any real or personal property in accordance with the
prudent investor rule.
C. Subscribe for stocks, bonds or other investments; join in any plan
of lease, mortgage, merger, consolidation, exchange, reorganization, foreclosure or
voting trust and deposit securities thereunder; and generally exercise all the rights of
security holders or employees of any corporation.
d. Register securities in the name of a nominee or in such manner
that title will pass by delivery.
e. Vote securities in person or by proxy, and in such connection
delegate discretionary powers.
f. Repair, alter, improve or lease, for any period of time. any real
or personal property, and give options for leases.
g. Sell at public or private sale, for cash or credit, with or without
security, exchange or partition any real or personal property, and give options for sales
or exchanges.
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h. Borrow money from any person, including any fiduciary, and
mortgage or pledge any real or personal property.
i. Disclaim any interest or power granted to me under any
instrument or by operation of law.
J. Employ investment and legal counsel, accountants, brokers and
other specialists, and, whenever there shall be no corporate fiduciary in office, a
corporate custodian, and compensate them and reimburse their expenses out of income
or principal or both (in addition to fiduciary commissions), and delegate to investment
counsel (including an account executive at a securities firm) discretion with respect to
the investment and reinvestment of any or all of the assets held hereunder.
k. Pay administration expenses, including, without limitation,
interest on death taxes ("administration expenses") from principal or income, including
income otherwise payable to my surviving spouse or to charity; provided, however,
that no allocation of administration expenses to income shall be made that would
prevent any assets from otherwise qualifying for the federal estate tax marital deduction
or the federal estate tax charitable deduction.
1. Use administration expenses as deductions for federal estate tax
purposes or fiduciary income tax purposes or partly for each, without making
adjustments between principal and income in consequence of the exercise of such
discretionary power.
M. Compromise claims.
n. Divide any trust hereunder, which division may be made on a
non-pro rata basis, into two or more separate and independent trusts and make any
principal distributions otherwise authorized hereunder from the trusts on a non-pro rata
basis.
o. Add to the principal of any trust created hereby any property
received from any person by Deed, Will or in any other manner.
P. At any time merge any trust hereunder with any other trust held
by my Executor and Trustee, whether created by me or by any other person by Will or
Deed, if the terms of the trust are then substantially similar and held for the primary
benefit of the same person or persons.
q. Make distributions without the consent of any beneficiary, in cash
or in specific property, real or personal, or an undivided interest therein, or partly in
cash and partly in such property and do so, except as otherwise specifically provided
elsewhere herein, without regard to the income tax basis of specific property allocated
to any beneficiary (including any trust) and without making pro rata distribution of
specific assets.
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r. Exercise all power, authority and discretion given hereby, after
the termination of any trust created herein until the same is fully distributed.
NINTH: My Executor and Trustee may make, but shall not be required to
make, any adjustment of the amount distributed to any beneficiary who would have received a
greater or lesser amount if my Executor or Trustee had made a different or contrary decision
in reference to any of the above matters. I exonerate my Executor and Trustee from any
liability arising from any exercise or failure to exercise these powers, provided the actions (or
inactions) of my Executor or Trustee are taken in good faith.
TENTH: Appointment of Fiduciaries: I appoint my sister, MARGARET
JANE DUNLAP, Executor of this Will. Should my sister, for any reason, fail to qualify or
cease to act as such during the administration of my estate, I appoint my nephew, JAMES M.
DUNLAP, and my niece, SHARON A. CONGDON, Co-Executors of this Will to serve with
the same duties, powers and discretion as if originally appointed.
No Executor named herein shall be required to give bond or furnish sureties in
any jurisdiction. Whenever the word "Executor" is used in this Will, the word shall include
both the singular and the plural, unless the context indicates otherwise.
IN WITNESS WHEREOF I have hereunto set my hand and seal this 19th day of
June, 2000.
(SEAL)
JEAN HAYS D(JNLAP
SIGNED, SEALED, PUBLISHED and DECLARED by the above named JEAN
HAYS DUNLAP as and for her last Will and Testament, in the presence of us, who, at her
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request, in her presence and in the presence of each other, have hereunto subscribed our names
as witnesses.
L Lk�,—
WITN SS ADDRESS
7
IT�ESS �_ ADDRES,_
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF DAUPHIN
We, JEAN HAYS DUNLAP, the testator, and Donn L. Snyder
and Maronetta F. Miller, the witnesses, whose names are signed to the foregoing instrument,
being first duly sworn, do hereby declare to the undersigned authority that the testator signed
and executed the instrument as her last Will and that she signed willingly, and that she
executed it as her free and voluntary act for the purposes therein expressed, and that each of
the witnesses, in the presence and hearing of the testator, signed the Will as a witness and that
to the best of the witnesses' knowledge the testator was at that time over eighteen years of age,
of sound mind and under no constraint or undue influence.
AN YS DT N AP f
Witness ^-
tt
1
Witness_ �
Subscribed, sworn to and acknowledged before me by JEAN HAYS DUNLAP,
the testator, and subscribed and sworn to before me by Donn L. Snyder
and Maronetta F. Miller, the witnesses, this 19th day of June, 2000.
Notary Public
NOTARIAL SEAL
TERRI L.METIL,Notary Public
Harrisburg.Dauphin County,PA
My Commission Expires July 28,2001
77086 1 6/1 1)/(X)
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IN RE: THE ESTATE OF IN THE COURT OF COMMON PLEAS OF
JEAN HAYS DUNLAP CUMBERLAND COUNTY PENNSYLVANIA
ORPHANS' COURT DIVISION
DECEASED NO. 21-12-0734
ACKNOWLEDGMENT AND FULL AND FINAL RELEASE
KNOW ALL MEN BY THESE PRESENTS, that 1, Frank Meehan, on behalf of the PINE
STREET PRESBYTERIAN CHURCH, one of the heirs of the late JEAN HAYS DUNLAP, who
died testate, being authorized to do so, do hereby acknowledge the receipt of and from Margaret
Jane Dunlap, Executrix of said Estate, cash in the amount of Five Hundred and 00/100 ($500.00)
Dollars, in full satisfaction and payment of all sums of money, share or shares, purparts, and
dividends which are or were due, owing, payable and belonging to me, by any means whatsoever,
for my share, part, or dividend of said Estate,made pursuant to Article Second of the Last Will and
Testament of Jean Hays Dunlap
AND THEREFORE, I Frank Meehan, on behalf of the Pine Street Presbyterian Church,
being authorized to do so, do by these presents,remise, release, quitclaim, and forever discharge the
said Margaret Jane Dunlap, Executrix and their attorney and agent of and from the said share or
dividend of the estate aforesaid, to the extent of the sum of Five Hundred and 00/100 ($500.00)
Dollars, of and from all actions, suits, payments, accounts, reckonings, claims, and demands
whatsoever, for or by reason thereof, or of any other act, matter, cause, or thing whatsoever, from
the beginning of the world to the day of the date of these presents.
96 1871 11 1,
As the condition for receipt of this full distribution made this date by the said Executors, 1
on behalf of the Pine Street Presbyterian Church, being authorized to do so, hereby agree to pay or
refund any amount, to pay any tax (including interest and penalties), liability, or any proper debt of
the estate as determined by the said Executors or a court of competent jurisdiction to the extent of
proportional liability,which proportional amount represents the proportion that would be paid to me
after the payment of all taxes, debts, and administrative expenses. 1, on behalf of the Pine Street
Presbyterian Church, being authorized to do so, agree to accept this stated amount as full and final
distribution pursuant to said the Last Will and Testament of Jean Hays Dunlap under the conditions
as stated in this Acknowledgment and Release.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this >',ex day of
2012.
THE PINE STREET PRESBYTERIAN CHURCH
By:
Frank Meehan, President of Board of Trustees
E'IN: 23-1433867
Sworn to and subscribed
before me this 3/2YU
day of t4keirb0f-2012
NOT UBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial
Ashley M.Phillips,Notary public
Lemoyne Boro,Cumbertancl County
MY Commission Expires Jan.27,2013
Mernher,Pennsylvania Association of Notaries
I M,1 n7 1 1 1'[,1,1