HomeMy WebLinkAbout09-09-13 Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF _ CUMBERLAND _COU.N�Y.,PENNSYLVANIA
_ , ,. .._S
Name of Decedent: Jacquelyn A. Roberts :; �f i � [
Date of Death: 10/07/2010 File Nur��r.' 4M�1U�A�f���
CJi.,.;E.„_,,,... �� . PA
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: � Yes ❑ No
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? ❑ 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 Orphans' Court and may be attached to this report.
See copy of Waiver, Receipt, Release and Indemnification Agreement- PNC Bank, National
Association,dated August 2, 2013, and copy of letter of Office of Attorney General, dated
oS-o!�xal 3•
Dafe 08/08/2013
Sgnafuie ol Perso � g fhis Form
Capacity: � Personal Representative � Counsel
Jeffrey R. Boswell, Esquire
Name of Person Filing this Form
315 N. Front Street
Atltlress
Harrisburg, PA 17107
City,Sfate,Zip
717-236-9377
Telephone
Foim RlN��Rev.10-13-2006 CopyripM(c)2006 form software onty Tha Lackner Group,Inc.
V \
_ _ _.
_ � $1��i3
e....a,:�c.c_ s/o�
C%���GU�c���e'aG" �
" THAT THE FUTURE MAY LEARN FROM THE PAST "
August 2, 2013
Dear Jeff:
Subject: Jacquelyn A. Roberts Estate
Thank you for agreeing to the revisions on the Waiver, Receipt, Release
and Indemnification Agreement that Colonial Williamsburg's general counsel requested.
Enclosed is the document which has been signed by our Senior Vice President of
Development, Michael D. Rierson, and duly notarized.
If you have questions or need anything else, please don't hesitate to contact
me. Thank you for your role in this very generous bequest. I look forwazd to being in
touch in the weeks ahead.
Sincerely,
l(�IYT'!�n
Kirsten A. Kellogg, Ph.D.
Director, Planned Giving
Jeffrey R. Boswell, Esquire
Boswell, Tintner & Piccola
315 N Front Street
Harrisburg, PA 17101
Enclosure
M�,., F,�,6•�,�, a�
`� b' s 3
Post Office Box 1776,Wil(iamsburg, Virginia 23187-1776,Telephone: (757) 229-1000
IN RE: ESTATE OF JACQCJELYlV A. : TN THE CQURT OF COMMON PLEAS
RQBERTS, DECEASED. : CUMB�RLAAli3 Ct}ITNTY, PENNSYLVANIA
: 012PHANS' COTJRT DIVISIOIV
: NC3. 2210-01165
WATVER,REC'EIPT, RELEASE ANTI INDEMNIFICATIQN AGREENLENT
PIVC BANK,NA'i'IONAL AS3iJCIATICIN ACC(}UNT T40 27-27-4�4-86d4973
The circumstances leading to the execution af this Waiver, Receipt, Reiease and
Indernnification Agreement{"AgreemenY'} are as follows:
1. Jacquelyn A. Robex�ts executed her Last Will and Testament on November 14, 20a7.
2. Jacquelyn A. Roberts, a widow, was man�ied to Richard E. Roberts, who died on May 10,
2006.
3. Jacquelyn A. Raberts died on October 7, 2010.
4. The Last Wilt and Testament {the "Wifl"} thaE was axecufed on November 14, 20Q7, was
submitted to probate before the Register of Wills of Cumberland County, Pennsylvania, on
November 24, 2010.
5. Linda J.Lundberg,Vice President of PNC Liank,National Assaciation,executed the Petition
for Probate and Grazzt pf Letters, as the Executor or Persnnal Representative (the `Bxecutor" or
"FNC"},which Petitian was filed wiihthe Register of Wills,CourtofComman Pleas of CumbsrIand
County, Pennsylvania, Orphans' Couit Division, Pile No. 21-10-01165.
6. The Register of WiIls af Cusnberland Caunty gran#ed Letters Testasnentary to PNC Bank,
National Associa#ian(the"Executor"},an Novernber 24, 20I0. ,
7. Jeffrey R. Baswetl,Esquire,served as Caunsel ta the Bxecutar and the fistate af 7acqnelyn
A. Roberts, Deceased{the"Estate"}.
8. Counsel futfilied the Pennsylvan'ra requirement far legal advertising,and received Proofs af
PublicaTion af Natice af the issuance of the Letters Testamentary far the publicatian in the
Cumberland Law Journal, on January 1,January 28, and Pebruary 4,2011, and in The Sentinel,on
7anuary 14,Jax�uary 21,and 7anuary 28, 2011.
i
9. Counsel gave Notice of Beneficial Interest in the Estate, pursuant ta Orphans' Court Rule �
5.6 to the sole Beneficiary,The Colonial Williaznsburg Foundation,eio The Colonial Williamsburg i
Fund{the"Benaficiary"), and as well as to the Charitable Trusts and Organization Sectian,dffice i
�, ofthe Attorney General,Commonwealth afPennsylvania,pursuant to Pennsylvania Orphans'Court ;
Rule 5.6(a)(6), consistent with the Last Will and Testament, Item V, which provides, as follows: I
i
�
E
I
I ;
Outright Gift of Residuary. After payment of debts, taxes, and expenses of
adininistration, I give and bequeath all the rest, residue, and remainder of my properry of
every kind and description (including lapsed legacies and devises) wherever situate and
whether acquired before or after the execution of this Will, to If my husband shall not
survive me,then I give bequeath to THE COLONIAL WILLIAMSB URG FOUNDATION,
Williamsburg, Virginia, One hundred (100%) percent of the rest and residue of my estate,
my net estate. If the gifr property meets the requirements for establishing a named
endowment fund at Colonial Williamsburg, then it shall be designated as the Jacquelyn A.
Roberts and Richazd E. Roberts Endowment Fund(the"Fund")in the books and records of
The Colonial Williamsburg Foundation. The property comprising this gift may, for
investment purposes, be merged with the general endowment fund of The Colonial
Williainsburg Foundation. The investment and spending policy for the Fund shall be the
same as that for die general endowment fund of The Colonial Williamsburg Foundation.
The amount spent from the Fund each year shall, insofar as is practical, be used for the
support and rnaintenance of Colonial Williamsburg's gardens in the Historic Area. If,in the
opinion of the Trustees of The Colonial Williamsburg Foundation, or their successors,the
need for funds for the purposes described above no longer exists at some future date, the
Trustees, or their successors, aze authorized to use these funds in the best interest of The
Colonial Williamsburg Foundation.
10. Counsel filed with the Court the Certification of Notice Under Rule 5.6(a).
11. The Executor prepazed and filed for the decedent her final income tax returns, including
Form 1040 U.S. Individual Income Tax Retum and the PA-40 Pennsylvania lncome Ta�c Return.
12. The Executor filed fiduciary income tax returns for all periods pertinent to this estate
administration,including Form 1041 U.S. Fiduciary Income Tax Return for Estates and Trusts and
the PA-41 Pennsylvania Fiduciazy Income Tax Return.
13. After review by Counsel, the Executor filed the Inventory and the Pennsylvania lnheritance
Tax Return(REV-1500)with the Register of Wills of Cumberland County on November 17,2011.
14. The Pennsylvania Department of Revenue, Bureau of Individual Taxes, Inheritance Ta�c
Division, issued its Notice of Inheritance Tax Appraisement, Altowance of Disallowance or
Deductions and Assessment of Tax on May 7, 2012, noting that the tax return was "accepted as
filed."
15. The Executor paid all bills, income taaces, inheritance ta�c, real estate tases, and
administration expenses, except for the Executor's fees, Attorney's fees, and Reserves, which will
be paid prior to the conclusion of this estate administration, and liquidated all assets,including the
residential real estate to enable the distribution to the Beneficiary.
16. The Executor contracted with Rowe's Auction Service for the public auction of the personal
property, which auction was held at the Rowe's Auction Service facility.
2
17. The Bxecutor contracted with Rowe's Auction Service for the public auction of the real
estate which public auetian was advertised and conducted as to which Rowe's Auction Service
received no formal bids.
I$. The Bxecutar contracted with KelIer Wzlliams af Central PA East(Patrick Smith, Agent
and Bz�oker},Yo self the residential real estate located ai 13d Millers Gap Road,Enola(Cumberland
County), PA 17025.
I9. The Executor was aware ofthe real estate's unique location and the impact of the economic
recession on real estate sales, which conditions made it irnplausible to sell the real estate at the
appraised valus, as set forth in the Pennsylvania lnheritance Tax Return.
20. The Executor subsequently obtained an additional appraisal to reflect a more recent market
analysis prompted by few showings, no offers ta purchase,and the poor economic condiYions.
21. The Executor subsequantly sold the real estate to Clint S. Earley and Jody A. White for the
gross price of$301,Sq0.�Q.
22. The Executor maintained the real estate and made repairs and retnediations necessary to
sell the real estate. '
23. Counsel prepared a fiiduciary Deed that was recorded on or about January 15, 2013.
24. The Executor prepazed a First and Final Accaunt(the"AccounP'},which is attached to this
Waiver, Receipt, Release and Indemnification Agreement for review by the Benefioiary.
25. The Hxecutor prapases to distribute all�•emaining batances ofprincipal ar�d income,as set
fortli in the Account and the Proposed Schedule of Distribution,to the Foundation,which is the sole
Beneficiary afthe Estate.
26. The Beneficiary acknawledges that i# has recezved a copy of PNC's Account af its
administration of the Estate and has requested that PNC distribute the Estate's assets to the
Beneficiary without the filing,audi#,an@ adj�dicatian of the Account with Orphans'Cauai Divis'ron
af the Court of Comman Pleas of Cumberiand County, Pennsylvanza(the"Court"), and PNC has
agreed to do sa, provided that the Bene$ciary waives the filing with and auditing of the Account
with ihe Couzt and relaases and agrees to indemnify PNC.
27. The Beneficiary has been offered the oppartuniry to review the Will and the Account and
based upon the examination of each, or on its decision not to make such an examxnation, the
Beneficiary is satisfied that the Foundatian has sufficient information to make an informed decision
in waiving its right to a court audit of the AccounY and appa•oving the administration pf the Estate,
including, but not limited to, the overall investment straYegy of PNC and al! decisions made and
actions taken or na#taken with regazd to the administration of the Estate; arAd the$eneficiary has
been informed that it is entitled to the filing of the Account with the Court and Court approval of
the Account;
3
,II
NOW THEREFORE, in consideration of the foregoing and intending to be legally bound,
the undersigned Beneficiary hereby:
1. Represents and wazrants that its authorized officer has read and understands the Will
and this Agreement and that the facts set forth above are true and correct.
2. Acknowledges that on April 18,2013,the Executor gave"Notice of Chazitable Gift"
pursuant to Orphans' Court Rule 5.5 to the Commonwealth of Pennsylvania,Office
of Attorney General, Charitable Trusts and Organizations Section, as to the
distribution to the Beneficiary as proposed in the Account, as to which Heather J.
V ance-Rittman, Senior Deputy Attorney General,in her letter(copy attached)dated
May 1, 2013, stated "I have reviewed the First and Final Account and have uo
objections."
3. The Beneficiary specifically states, as follows:
(a) Declares that its auUiorized officer has been offered the oppoilunity to review
the Will and the Account and based upon an examination (or on his or her
decision not to make such an examinarion), the Beneficiary is satisfied that
its authorized officer has suff'icient information to make an informed waiver
of its right to a formal accounting with the Court.
(b) Accepts the Account as if it had been duly filed with and audited,
adjudicated, and confirmed absolutely by the Court.
(c) Waives filing and auditing of the Account, and agrees that the CouR may by
its decree confirm the Account should PNC decide to file the Account with
the Court at a future date.
4. Acknowledges that (a) its authorized officer has examined the Account, including
the most recent disclosure of expense ratios available for any affiliated fund in which
the Estate may have been invested, and fmds it to be true and correct in all
particulars; and (b) that all fees paid to PNC, any of its afFiliates or any unrelated
third parties, for services, as reflected in the Account, were properly paid.
5. As an inducement for the Executor to make the Final Distribution, the Beneficiary
shall indemnify the Executor and hold the Executor harmless as to any claims,fees,
damages,causes of action,or other costs and reasonable expenses that arise from the
Executor making the Final Distribution pursuant to the Will. This provision is
specifically limited in its monetary scope to the actual monetary distribution paid to
the Undersigned Beneficiary pursuant to the Will.
6. Acknowledges that the Final Distribution represents a final shaze under the Will as
to which the Beneficiary is entitled.
4
7. In consideration of receiving the Final Distribution of Two Hundred Eighty-Four
Thousand Seven Hundred Forty and 22/100 ($284,740.22) Dollars, plus additional
interest earned and posted since the accotmt stated to March 12, 2013 (the
"Distribution") under the Will, the Colonial Williamsburg Foundation, as the
Beneficiary agrees to refund to PNC Bank,National Association, as Executor of the
Will, any amount found to be in excess of the amount properly paid to it.
Additionally,the Colonial Williamsburg Foundation agrees to pay its proportionate
shaze of any debts, taxes, or other charges or expenses attributable to the
Distribution, so long as such payment(s) shall not exceed an amount equal to the
Distribution.
8. Agrees that this Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania and that the Orphans' Court Division of tl�e Court of Cominon Pleas
of Cumberland County,Pennsylvania shall have exclusive jurisdiction over all suits
regarding the enforcement of this Agreement and this Estate including the
completion of its administration.
IN WITNESS WHEREOF, the undersigned Beneficiary by its officer autho 'zed by the
Foundation to execute this Agreement has hereunto set its hand and seal this �I _ day of
August, 2013.
ATT�ST: The Colonial Williamsburg Foundation
Post Office Box 1776
Williamsburg, Virginia 23187-1776
LJ�'.L�.�,p� \ "�i `R �,exsow By: 1 �-�"'_ �V
COMMONWEALTH OF VIRGINIA .
C�Ty : ss.
C—A�#3'YOF �A9�����,2�u.slov►� ,
On the a,� day of August, 2013, before me, a Notary Public, personally appeared
1�.�C�.a,e\�.IZ:�ee sow , who acknowledged himself/herself to be theSt.�li�.a �J��L D.�,._'���tvet0���
of The Colonial Williamsburg Foundation, and being authorized to do so as such officer has
executed the within instrument for the purposes therein contained by signing the name of the
corporation by himself/herself as such officer.
IN WIT'NESS WHEREOF, I have hereunto set my hand and official seal.
f.�qu �r1c��0+ • S21h a � •
MARGARET B.NENwCOMEN Notary Public
Noqry PuONc
Commonw�N�h ot NrqMa My commission expires: �.3U � °� 1 �J
238301
My Commbaton Exqm Sp 30.20t9 5
_ _ ____ _
,� <foc�m�3
,�ti�C. L��NG
.G.acl�
COMMONWEAL7H OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
KATHLEEN G. KANE
ATTORNEY GENERAL
May 1, 2013
Charitable Trusts and
Organizations Section
14`h Floor, Strawberry Squaze
Harrisburg, PA 17120
Telephone: (717) 705-1611
Facsimile: 717-787-1190
hvance_rittman@attorneygeneral.gov
Jeffrey R. Boswell, Esquire
BOSWELL, TINTNER & PICCOLA
315 North Front Street
P.O. Box 74]
Harrisburg, PA 17108-0741
Re: Estate of Jacquelyn A. Roberts, Deceased;No. 21-10-1165; Cumberland County
Dear Mr. Boswell:
This will acknowledge ceceipt of your letter and enclosures regarding the above-
captioned matter.
I have reviewed the First and Final Account and have no objections. Please forward a
copy of the signed Release as soon as it is available so that I can complete my file.
Please be advised that the above review was conducted pursuant to the parens patriae
role of the office and has no bearing on any matter unretated to that function. Thank you for
your time and attention to this matter.
Sincerely,
�--� �,�._ �-
Heather J. Vance-Rittman
Senior Deputy Attorney General
•
SG