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HomeMy WebLinkAbout10-31-13 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: Bessie G. Coma Date of Death: 03/02/2013 File Number: 21-13-0323 Pursuant to Pa. O.C. Rule 6.12, 1 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 attached Estate Settlement reement with att ched Infor LAccount of Estate, dated October 18, 2013. Date 1 012 912 01 3 ntin Capacity: ❑ Personal Representative ® Counsel G, u.s i r Leonard Tintner Name or Person Filing this Form CD 315 North Front Street o t343 W cj Ill �•. , co � x l�il Address can C °7 Harrisburg PA 17101 6 CJ 1�1 p City.state,Zip i C.D 717-236-9377 w z � Telephone Form RW-10 Rev 10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. Kv Leonard Tintner, Esquire Supreme Court I.D.#06859 BOSWELL,TINTNER&PICCOLA 315 North Front Street Harrisburg, Pennsylvania 17101 Phone(717-236-9377) Fax(717-236-9316) E-mail(Vintner @btpalaw.com) RE: IN THE COURT OF COMMON PLEAS ESTATE OF BESSIE : CUMBERLAND COUNTY, PENNSYLVANIA G. COMA, DECEASED ORPHANS' COURT DIVISION NO. 21-13-0323 ESTATE SETTLEMENT AGREEMENT ESTATE OF BESSIE G. COMA AGREEMENT executed this /? day of October, 2013, by and among Gloria A. Kennedy, daughter of Decedent, and Nancy M. Buscemi, sister of Decedent, and Nancy M. Buscemi, Executrix of the Estate of Bessie G. Coma. WITNESSETH. WHEREAS, Bessie G. Coma died on March 2, 2013, having first made and published her Last Will and Testament, wherein she named her sister, Nancy.M. Buscemi, and her daughter, Gloria A. Kennedy, as Co-Executrixes.. Gloria A. Kennedy chose to renounce her position since she lives in California. Letters Testamentary were issued by the Cumberland-County Register of Wills on March 18, 2013; and WHEREAS, the Executrix, represented by Leonard Tintner, Esquire, and Boswell, Tintner & Piccola, has proceeded with the administration of said Estate, and has paid all proper bills and debts for the Estate and has prepared an Inventory and a Pennsylvania Inheritance Tax Return, which documents have been filed with the Register of Wills of Cumberland County on June 26, 2013; and WHEREAS, the Executrix and the heirs have examined the income and expense statements for the estate pertinent to the estate assets, income earned and expense paid during the course of the administration; and WHEREAS, the Executrix, Nancy M. Buscemi, with the assistance of her attorney, has prepared an Informal First and Final Account, which is attached hereto, and that the net cash estate of the decedent shall be distributed equally between the named beneficiaries, Nancy M. Buscemi and Gloria A. Kennedy. The Last Will and Testament provided that only the residue be equally divided between the named beneficiaries, but Nancy M. Buscemi, the Executrix and joint owner of numerous CD's, agreed to the equal distribution of all such funds, even though not legally required to do so. NOW THEREFORE, the parties hereto intending to be legally bound hereby, mutually agree, as follows: 1. Pennsylvania Inheritance Tax. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the Pennsylvania Inheritance Tax Return form relating thereto, and finds them to be true and correct, and acceptable to the parties hereto and each of them, and further acknowledge that they have received a copy of these documents. 2. Release and Discharqe. The parties hereto do hereby release, remise and forever discharge the Estate of Bessie G. Coma, the Executrix, and the attorney for the Estate, of and from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or their legal representatives or assigns may at any time hereafter have, against the Executrix, the said Estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said Estate and/or any claim or interest thereto or therein, and the administration, management, collection, sale or distribution of any of the said assets and for or on account of any money, interest, income, assets or proceeds out of the same, from the time of the death of the said decedent to and including the date of this Agreement and release. 3. Distribution. The beneficiaries under the Last Will & Testament agree to the distribution made, as follows: (a) Taxes. Pennsylvania Inheritance Taxes were paid in full on September 10, 2013. The Pennsylvania Inheritance Tax Return was filed on June 26, 2013. (b) Creditors' claims. All claims of the creditors, as known to the Executrix have been paid. (c) Distribution to beneficiaries of miscellaneous personalty has been made in accordance with the Will. (d) Residuary distribution, Distribution to the residuary beneficiaries will be made of the balance of the estate as set forth above, after payment of all remaining fees and 2013 income taxes and filing fees in accordance with the terms of the Agreement. 4. Final Agreement. This instrument is a full and final Family Settlement Agreement by and among the parties hereto, all of the above having been arrived at, concluded, and executed after a full and complete disclosure of the estate assets, the obligations, and the rights of the parties and of all the parties to, and each of them, agree to abide by these terms. 5. Requirement to execute documents. All of the parties to, and each of them, 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 to the other parties 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 said estate and all of the assets and obligations. 6. Entire agreement. This Agreement constitutes the entire understanding among these parties to, 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 previously by the Executrix or by any other person or party upon her behalf. 7. Heirs. This Agreement shall enure to the benefit of and shall be binding upon, these parties to, and each of them, their heirs, executors, administrators, successors and assigns. 8. Counterparts. This Agreement may be signed in counterparts, which means each party may execute a separate copy. IN WITNESS WHEREOF, these parties to have hereunto set their respective hands and seals the day and year first above written. In the presence of: Na y M. Buscemi, Executrix Gloria A. Kennedy, Daugofer and Beneficiary Na ay M. Buscemi, Sister and Beneficiary INFORMAL ACCOUNT OF ESTATE OF BESSIE G. COMA I. ASSETS: AmeriChoice Federal Credit Union - Savings Account (Jointly with Nancy M. Buscemi) $ 5.00 Members I" Federal Credit Union - Regular Savings Account (Jointly with Nancy M. Buscemi) 774.98 Members I` Federal Credit Union - Life Savings Account (Jointly with Nancy M. Buscemi) 4,000.00 PNC - Checking Account (Jointly with Nancy M. Buscemi) 47,429.48 4 - CD's AmeriChoice Federal Credit Union (Jointly with Nancy M. Buscemi) 76,218.48 2 - CD's Fulton Bank (Jointly with Nancy M. Buscemi) 22,610.76 8 - CD's Members 1s` Federal Credit Union (Jointly with Nancy M. Buscemi) 260,965.24 3 CD's PNC (Jointly with Nancy M. Buscemi) 56,382.54 Members I" Federal Credit Union - Savings Account 390.45 Miscellaneous Refund 761.08 TOTAL ASSETS $469,538.01 Less - Nancy M. Buscemi Members 1" Account Erroneously List Jointly 10,005.59 Net Assets $459,532.42 II. DISBURSEMENTS: Alert Pharmacy Services, Inc. - Prescriptions $ 15.85 Golden Living Center - Camp Hill, PA - Resident (Temporary) 556.29 Visa Credit Card 69.59 Messiah Lifeways - Hospice 1,875.00 West Shore EMS - Ambulance Services 220.54 Malpezzi Funeral Home - Funeral 12,635.00 Register of Wills - Cumberland County - Probate Fee 338.50 Cumberland Law Journal - Legal Adv. - Letters Testamentary 75.00 The Sentinel - Legal Adv. - Letters Testamentary 242.64 Register of Wills - Cumberland County - Filing Final Agreement and Balance of Estate Filing Fee 375.00 Preparation of 2012 PA & Federal Income Tax 375.00 Nancy M. Buscemi - Executrix Fee 11,500.00 Boswell, Tintner & Piccola - Estate Administration Fee 11,500.00 Boswell, Tintner & Piccola - Disbursements - Certified Mail Copies - Travel Expenses 175.00 Register of Wills - Reserve - Filing Family Agreement and Informal Account 145.00 Register of Wills - Pennsylvania Inheritance Tax - 12% 24,148.85 Leonard Tintner, Esquire - Preparation & Filing of PA 41 and IRS 1041-2013 325.00 Reserve for 2013 PA & IRS Income Taxes 2.000.00 Total Disbursements $ 66,572.26 III. RECAPITULATION: Net Assets: $459,532.42 Less Disbursements 66,572.26 To Be Distributed: $392,960.16 IV. DISTRIBUTIONS: Nancy M. Buscemi $196,480.08 Gloria A. Kennedy $196,480.08 TOTAL DISTRIBUTED: *$392,960.16