HomeMy WebLinkAbout06-07-13 IN THE ORPHANS' COURT DIVISION � `�' '' �
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OF THE COURT OF COMMON PLEAS OF c-:� ;' ` _ " `�
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CUMBERLAND COLJNTY� PENNSYLVAIVIA `-:i =� `=' -- `=' �:'`�
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ESTATE OF ALICE J. DWIGHT, DECEASED :- ,_` -`� <.- -�
No. 2012-00379 =_-
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APPROVAL OF ACCOUNT, WAIVER, RECEIPT, ` ,- �, ;_..
RELEASE, AND AGREEMENT OF INDEMIVITY ' -' '�
The circumstances leading up to the execution of this instrument are as follows:
1. A1ice J. Dwight died on March 3, 2012, leaving a Will dated November 6, 2008,
naming Debra K. Wallet as Executrix.
2. Letters Testamentary were granted to Debra K. Wallet by the Register of Wills of
Cumberland County on March 29, 2012.
3. It is the desire of the Alice J. Dwight heirs that the Estate be distributed without the
formality of a court proceeding in order to save the expense, publicity, and delay incident to
such court proceeding, and the Executrix is willing to make such distribntion upon the
execution of'this instrument.
4. An account of the administration of the Estate of Alice J. Dwight has been prepared
by the Executrix. A copy is attached hereto as Exhibit A.
5. I;n consideration of the foregoing, each of the undersigned hereby:
A. Represents and warrants that he/she has read and understands this
instrument and that the facts set forth above are true and correct to the best of his/her
knowledge, information and belief;
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B. Declares that he/she has examined the attached account of the administration
of the EsCate and the attached schedule of distribution; that he/she finds them to be true and
correct in all particulars; that he/she accepts and approves them as if they had been duly filed,
audited, adjudicated and confirmed absolutely by the Orphans' Court Di��ision of the Court of
Common Pleas of Cumberland County, and as if the amounts shown as distributable had been
duly awarded to him/her; �
C. Waives the filing and auditing of the account of the administration of the
Estate in the Orphans' Court Division of the Court of Common Pleas of Cumberland County,
and agrees that the Orphans' Court Division of the Court of Common Pleas of Cumberland
County may by its decree confirm the account and approve the schedule of distribution;
D. Requests the Executrix to make disuibution of the principal and income in
accordance with the schedule of distribution, and effective upon delivery to himlher of the
amounts shown as respectively distributable, aclrnowledges receipt of such property;
E. Agrees to refund to the Executrix any amount which may at any time be
determined to have been an erroneous distribution to him/her, regardless of the cause of such
erroneous distribution, even if attributable to negligence, and agrees that any period for the
limitation of actions for the collection of any erroneous distribution shall commence only at
such time as the Executrix shall have obtained actual knowledge of such erroneous distribution
and that in no event shall the period for collection of any erroneous distribution be less than
two years after the actual discovery thereof;
F. Absolutely and irrevocably remises, releases, quitclauns and forever
discharges Debra K. Wallet, individually and in her capacity as Executrix, from any and all
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actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Alice J. Dwight Estate;
G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Debra K. Wallet, individually and in her capacity as Executrix, from
and against any and all claims, loss, liability or damage (including legal f'ees and costs in
connection therewith) which she may suffer or to which she may be subjected by reason of her
administration of the Estate, the setflement of her Executrix's account and the distribution of
the assets of'the Estate without having the formal approval of the Orphans' Court Division of
the Court of Common Pleas of Cumberland County, including, but not limited tq any liability
for any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of four
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon hnn/her and upon his/her heirs, executors, administrators and
assigns;
I. Agrees that this agreement may be executed in counterparts.
Executed on:
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� —�- � _ �T� , ��'v � (Seal)
DATE KIMB L-J K. BARLETT
(Seal)
DATE DENISE SMITH
(Seal)
DATE BONNIE PRICE
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actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Alice J. Dwight Estate;
G. Agrees to indemnify and hold harmless, to the extent af the funds received
by him/her hereunder, Debra K. Wallet, individually and in her capacity as Executrix, from
and against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which she may suffer or to which she may be subjected by reason of her
administra[ion oi the Estate, the settiement of her Execurrix's account and t�`�e disrr;bution of
the assets of the Estate without having the formal approval of the Orphans' Court Division of
the Court of Common Pleas of Cumberland County, including, but not limited to, any liability
for any federal estate tax, Pennsylvania inheritance tax or any other death taxes, togetber with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of four
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns;
I. Agrees that this agreement may be executed in counterparts.
cxecui�d on:
(Seal)
DATE KIMBERLY K. BARLETT �
�s I4�/3 � �� afl- �,uls�(.-� ��- (seal>
�A'('E / DENISE�SMITH �,,,i,h ��w�-�r � ,9ae -2=�- ����3
(�y,ii L�d`l—..
(Seal)
DATE BONNIE PRICE
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actions, suits, payments, accounts, reckonings, liabilities, claims and demands relating in any
way to the administration of the Alice J. Dwight Estate;
G. Agrees to indemnify and hold harmless, to the extent of the funds received
by him/her hereunder, Debra K. Wallet, individually and in her capacity as Executrix, from
and against any and all claims, loss, liability or damage (including legal fees and costs in
connection therewith) which she may suffer or to which she may be subjected by reason of her
administration of the Estate, the settlement of her Executrix's account and the distribution of
the assets of the Estate without having the formal approval of the Orphans' Court Division of
[he Court of Common Pleas of Cumberland County, including, but not limited to, any liability
for any federal estate tax, Pennsylvania inheritance tax or any other death taxes, together with
interest and costs incidental thereto, relating in any way to the Estate; and
H. Declares it to be his/her intention that this instrument, consisting of four
pages, shall be governed by the law of Pennsylvania and shall be legally binding as an
agreement under seal upon him/her and upon his/her heirs, executors, administrators and
assigns;
I. Agrees that this agreement may be executed in commteirparts.
F.xecuted on:
(Seal)
DATE KIMBERLY K. BARLETT
(Seal)
DATE DENIS SMITH � ,
�S� / �. ' /�
8� �3 � ��e � ,�c� ` la � '�e��
DATE BONNIE PRICE
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�J �� /,� �, � .� !l'�;'"�(Seal)
D TE ANQ{ �CI BERT
(Seal)
DATE SCOTT HILBRANDT
(Seal)
DATE DEBRA K. WALLET
BETHESDA MISSION
BY: (Seal)
DATE CHUCK WINGATE, Executive Director
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(Seal)
DATE NANCY GILBERT , „ t
t/'�z, , i� �.0 � r ' i-J• ��"'�(Seal)
.i �,t,1,,�v ;�
DATL1' SCOTT HILBRANDT
��1 � + 5, '1s i3 �/e�brR� '�• 1.�IhAM,F- (Seal)
DAT� DEBRA K. WALLET
BETHESDA MISSION
BY: (Sea1)
DATE CHUCK WINGATE, Execu[ive Director
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(Seal)
DATE NANCY GILBERT
(Seal)
DATE SCOTT HILBRANDT
(Seal)
DATE DEBRA K. WALLET
BETHESDA MISSION
��g�Z °�3 BY: �Y—��� lSeal)
L�A:'E CHUCK WINGATE, Executive Director
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BEFORE THE REGISTER OF WILLS,
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2012-00379
FIRST AND FINAL ACCOUNT OF
Debra K.Wallet, Executrix
For
ESTATE OF ALICE J. DWIGHT, Deceased
Date of Death: March 3, 2012
Date of Executrix's Appointment: March 29, 2012
Accounting for the Period: March 29, 2012 to March 31, 2013
PURPOSE OF ACCOUNT: Debra K. Wallet, Executrix, offers this Account to
acquaint interested parties with the transactions that have occurred during her administration.
The Account also indicates the proposed distribution of the Estate.
It is important that the Account be carefully examined. Requests for additional
information or questions or objections can be discussed with:
Debra K. Wallet, Esquire
24 N. 32nd Street
Camp Hill, PA 17011
I.D. #23989
(717) 737-1300
EXHIBIT A
Fiduciary
Current Acquisition
Paae Value Value
Proposed Distribution 8
to Beneficiaries $ 1,104,790.66
PI2INCIPAL
�2eceipts 2-3 $ 1,090,239.60
Ne?Gain on Sales or Other 3 94,689.40
Dispositions
Less Disbursements
Debts of Decedent 4 $ 6,338.63
Funeral Expenses 4 1,768.00
Checks that cleared Schwab after DOD 4 2,540.00
Administration Expenses 4 1,194.56
Federal and State Taxes 5 44,727.50
Fees and Commissions 5 31,935.00 $ 88,503.69
Principal Balance on Hand $ 1,096,425.31
INCOME
Receipts 6 $ 21,215.35
Income Balance on Hand 21,215.35
Balance Before Distributions $ 1,117,640.66
Distributions to Beneficiaries 7 12,850.00
Combined Balance on Hand $ 1,104,790.66
Page 1
RECEIPTS OF PRINCIPAL
Assets Listed in !nventory:
(Value as of Date of Death)
Cash and Bank Deposits:
Ameriprise Financial $ 143,821.89
Acct. #000292177094133
Schwab Acct. #440016426395 152,05721
Schwab Acc?. #50640662 770,170.63
Santander Checking 1,541.84
,4cct #181117800
Santander Savings 42.87
Acct. #354010753
SecurChoice (funeral pre-payment acct.) 1,768.00 $ 1,069,402.44
Tanaible Personal Propertv:
2005 Toyota (based on Blue Book) $ 11,850.00
Household items 225.00
Gold Watch (based on appraisal) 750.00
Costume Jewelry 25.00 $ 12,850.00
Refunds:
2011 �ederal Income Tax refund $ 371.00
Highmark Prescription Drug Plan refund 88.40
20?? Income Tax re�und 4,947.56 $ 5,406.96
70TAL ASSETS LISTED IN INVENTORY: $ 1,087,659.40
Page 2
Receipts Subsequent to Inventory
�Valued When Received}
Deposit ir.to Santander Acct. by Agent under POA $352.90
credited af4er date of death
Deposits into Schwab Estate Acct. by Agent under POA
credited after date of death $ 1,050.00
280.00
897.30 $2,580.20
TOTAL RECEIPTS OF PRINCIPAL: $ 1,090,239.60
GAINS AND LOSSES ON SALES OR OTHER DISPOSITIONS
Schwab Acct.
7/5/12 Net Froceeds $ 365,744.44
10/19/12 Net Proceeds 496,329.32 $ 862,073.76
Acquisition Value 770,170.63 $ 91,903.13
Ameriprise Acct.
2/8/13 Net Proceeds 146,608.16
Acquisition Value 143,821.89 2,786.27
NET GAIN S 94,689.40
Page 3
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent: Date:
Citicard credit card (Ascensionpoint 7/13l12 $ 733.36
Rearvery Services)
Bonnie K. Miller, Treasurer 4/26/12 9.80
(2012 personal taxes)
U.S. Treasury(2010 income tax) 6128/12 4,935.00
PA Dept. of Revenue (2010 income tax) 5/23/12 426.00
PA Dept. of Revenue (addl. 2011 taxes) 7/24/12 111.99
Erie Insurance (RMS Collection) 10/19/12 110.75
PA Dept. of Revenue 11/16/12 1173 $ 6,338.63
(balance of 2010 Income Tax)
Funeral Expenses:
Musselman Funeral Home&
Cremation Services, Inc. 3/12/12 $ 1,768.00 $ 1,768.00
Checks that cleared Schwab Acct.
after date of death:
Checks written before date of death 3/5/12 630.00
from Schwab Acct. 3/6/12 120.00
3/6112 810.00
3/6/12 910.00
3/9/12 70.00 $ 2,540.00
Administration Expenses:
Probate Fees 3129/12 $ 719.50
10/23/12 30.00
11/1/12 50.00
Attorney's postage, copies, mileage, etc. 30.00
Wire transfer fee 5/23/12 12.00
Cumberland Law Journal 75.00
(adv. of grant of letters)
Patriot News (adv. of grant of letters) 7113/12 99.66
AAA (vehicle transfe�) 7/18/12 75.90
Comm. of PA(vehicle transfer) 7/18/12 22.50
Munn's (watch appraisal) 7/25/12 60.00
Reserve for Filing of Account 10.00
Filing of Satisfactian of Ascension 2/28/13 10.00 $ 1,194.56
Point Claim
Page 4
Federal and State Taxes:
PA InheriYance Tax 6/1/12 $ 38,000.00
PA Inheritance Tax 10/23/12 5.727.50
Reserve for flduciary taxes 1,000.00 $ 44,727.50
Fees and Commissions:
Debra K. Wallet, Esq.--Attorney Fees $ 30,000.00
Waggone!, Frutiger& Daub, CPA 5/23/12 735.00
(AccountanPs fees)
Reserve for 2012 Fiduciary Tax prep by CPA 1,200.00 $ 31,935.00
Page 5
RECEIPTS OF INCOME
Interest:
Schwab Estate Account
Interest and Dividends (4/1/12-12/31/12) $ 21,193.99
Interest (1/1/13-3/31/13) 21.36
TOTAL RECEIPTS OF INCOME: $ 21,215.35
Page 6
DISTRIBUTION TO BENEFICIARIES
TO: Kimberly K, Bartlett
1705 Chatham Road
Camp Hill, PA 17011
Household items 3/29/12 $225.00
2005 Toyota 7/18/12 11,850.00
Debra K. Wallet
24 North 32nd Street
Camp Hill, PA 17011
Gold watch 3/29/12 750.00
Costumejewelry 3/29/12 25.00
TOTAL DISTRIBUTION TO BENEFICIARIES: $ 12,850.00
Page 7
PROPOSED DISTRIBUTION TO BENEFICIARIES
TO: Kimberly K. Bartlett
1705 Chatham Road
Camp Hill, PA 17011 $ 250,000.00
Denise Smith
9800 Ferguson Road
Charlotte, NC 28227 20,000.00
Bonnie Price
610 Terraine Avenue
Long Beach, CA 90814 20,000.00
Nancy Gilbert
1499 Forest Lake Boulevard
Wantagh, NY 11793 15,000.00
Scott Hilhrandt
23 Lincoln Street
Farmingdale, NY 11735 15,000.00
Bethesda Mission
2101 N. Front Street, Bldg. 1, Suite 301
Harrisburg, PA 17110 784,790.66
TOTAL PROPOSED DISTRIBUTION TO BENEFICIARIES: $ 1,104,790.66
Page 8
��'('=�.`' t� C� 2013
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COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
KATHLEEN G. KANE April 30, 2013
ATTORNEY GE:NERAL
Charitable Trusts and
Organizations Section
14�' Floor, Strawberry Square
Harrisburg, PA 17120
Te:lephone: (717) 783-1317
Facsimile: 717-787-1190
j dt�wning�u;attorney generai.go v
Debra K. R/allet;, Esquire
24 N. 32nd Street
Camp Hill, PA 17011-2917
RE: Estate of Adice ,D. 1)wight: Nv. 2012-00379; Camberland Cou�ty
Dear Ms. Wallet:
This will acknowledge receipt of your notice under Supreme Court Orpttans' Court Rule 5.5
regarding the above-captioned matter.
I have reviewed your First and Final Account as Executor for the Estate of Alice J. Dwight
and have no ob.jections. At your eazliest convenience, kindly provide me with proof of payment to the
charities,
Please be advised that the above review was made pursuant to the pazens ao �iae function of this
office and tias na bearing on any matter unrelated thereto. Be further advised dlat this no objection is
based on the information submitted to the Office of Attornev General and therefore is condiYioned unon
its accuracy submissions or omissions.
Sincerely,
� � �'�m�
�John L. Dawning �
�Deputy Attorney General
JLD/srh