HomeMy WebLinkAbout04-28-14 612 Status Report Cumberland scn/est
Pa. O.C. RULE 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA
Name of Decedent: Dorothy E. Frank a/k/a Dorothy Frank
Date of Death: June 26, 2012
Estate No: 2012-01017
PA No: 21-12-1017
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:
1. State whether administration of the estate is complete:
Yes X No
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
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 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 informal
accounts may be filed with the Clerk of the Orphans' Court and may be
attached to this report. Copies of the Receipt & Release Agreement and
proofs of publication appearing in the "Cumberland Law Journal" on
u- Ln September 28, October 5 & 12, 2012; and, in "The Sentinel" on
C,
w _ ch �— 6�ctober 4, 11 and 18,2012 are attached hereto.
s E t G o
U_ e ° C_, Z
c� a-
D oe:tApri{l, 26 I� �
C-' CL cwa Steve C. Nicholas, Esquire
C) � o Nicholas Law Offices PC
LU C9_ cr
o Q. 2215 Forest Hills Drive, Suite 37
Harrisburg, PA 17112-1099
(717) 540-7746
Supreme Court ID No. 06845
Capacity: Attorney for Estate
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587,approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA :
SS.
COUNTY OF CUMBERLAND
Lisa Marie Coyne,Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid,being duly sworn,according to law,deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952,and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
Sentember 28, October 5.and October 12 2012_
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation,and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time,place and character of publication are true.
sa Marie Coyne, Editor
SWORN TO AND SUBSCRIBED before me this
12 day of October, 2012
Frank, Dorothy E. afkfa Dorothyy
Frank,decd.
Late of Hampden Township' Notary
Executor: Jerry L. Frank, 4153
Saddle lane,West Bloomfield,M
48322-1647.
Attorney; Steve C. Nicholas, Es-
quire, 2215 Forest Hills Drive,
Suite 37, Harrisburg, pA 17112-
1099.
ECARLISLZ ARIAL SEAL
AH A COLLINS
tary Public
H.CUTASERLANO COUNTY
n Expires Apr 28,2014
PROOF OF PUBLICATION
State of Pennsylvania,County of Cumberland
Iackie Cox,Sales Director of The Sentinel, of the County and State aforesaid,being duly
sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the
Borough of Carlisle, County and State aforesaid,was established December 131h, 1881,
since which date THE SENTINEL has been regularly issued in said County,and that the
printed notice or publication attached hereto is exactly the same as was printed and
published in the regular editions and issues of
THE SENTINEL on the following day(s):
October 4, 11 &18, 2012
COPY OF NOTICE OF PUBLICATION
�L-DOROTESYAMEHYAar owlheetaeeoroorto"YemANKanoa Affiant further deposes that he/she is not
DOROTHY FRANK;late of Hampden Township.CLmbetlan0 County.
Pennsylvania,having been granted to the undersigned. - interested in the subject matter of the
An persons indebted to the said Estate are required to make Immediate aforesaid notice or advertisement, and that
Payment and those having claims Will present them for settlement to:
Je yL Frank all allegations in the foregoing statement as
loomfSaddle One to time,place and character of publication
West Bloomfield, ,Lans2-1667
Or 1o: - are
Steve C.Nicholas,Esquire
- '2215FOrast Hins'DMa,Suhe 37
HaMsbllm.PA 17112-1 egg
Swore to and subsc 'bed before me this
2012- .
Notary Public
My commission expires:
NOTARIAL SEAL
BAMBI ANN HECKENDORN
Notary Public
CARLISLE BOROUGH,CUMBERLAND CNTY
My Commission Expires Jan 27,2 074
Frank Dorothy Reeeipt Release Ag Pmb odNon-Probate scriAm
RECEIPT &
RELEASE AGREEMENT
This Agreement is made by and between Jerry L. Frank (the "Executor") as Executor of
the Estate of Dorothy E. Frank of the one part; and, Linda S. Millard of 2164 Merrimac Avenue,
Mechanicsburg, PA 17055-5797, (IRA Beneficiary) of the second part; and Harriet Weinstock of
38 Wilshire Way, Niskayuna NY 12309-4904 (IRA Beneficiary & Residuary Beneficiary), Jerry
L. Frank of 4153 Saddle Lane, West Bloomfield, MI 48322-1647 (IRA Beneficiary & Residuary
Beneficiary), Stephanie Millard of 2164 Merrimac Avenue, Mechanicsburg, PA 17055-5797
(Residuary Beneficiary), and Eric Millard of 1327 High Road, Apt P-5, Tallahassee FL 32304
(Residuary Beneficiary), collectively as residuary beneficiaries ("Beneficiaries")of the said estate
of the third part.
In accordance with their desire that the Executor of the Estate of Dorothy E. Frank make a
final distribution at this time, without the expense and delay of a court accounting, the parties
hereto, in consideration of the mutual covenants herein expressed, and intending to be legally
bound hereby, agree that:
I. Dorothy E. Frank died on June 26, 2012 and her estate is now in the process of
administration. The Register of Wills of Cumberland County, Pennsylvania granted Letters
Testamentary to Jerry L. Frank on September 18, 2012 at File No, 2012-01017,
2. The Estate has been properly advertised as required by law on September 28,
October 5 and October 12, 2012 in the "Cumberland Law Journal" and also on October 4, 11,
and 18, 20I2 in"The Sentinel." Copies of the proofs of advertising are attached hereto.
3. All known claims presented to date have been paid in full.
4. The Decedent's Estate consists of non-probate assets non probate assets and
probate assets. Non-probate assets are those that pass directly to named beneficiaries. Probate
assets are those that are administered in accordance with Decedent's Last Will & Testament.
5. The Decedent had four IRA Certificates of Deposit accounts at Sovereign Bank,
each of which named "Linda S. Millard and Harriet Weinstock— Daughters and Jerry L. Frank—
Son" as the beneficiaries. The IRA Certificates of Deposit, while not passing under the terms of
Decedent's Last Will, are subject to inheritance taxation since Decedent was over the age of 59'/2
years at the time of her passing. The date of death value of the non-probate assets totals
$13,582.79.
I
6. Any inheritance tax due and payable on the date of death value of the IRA
Certificates is payable by the Decedent's estate pursuant to ITEM II of Decedent's Last Will
dated April 11,2012 that provides as follows:
"ITEM II: I direct that all taxes that may be assessed in consequence of my death, of
whatever nature and by whatever jurisdiction imposed, shall be paid from my residuary
estate as a part of the expense of the administration of my estate, without apportionment."
T The Executor desires at this time, to make a distribution of the non-probate assets
in cash, equally among the named beneficiaries of the non-probate assets, however will not do so
unless each beneficiary executes this Release. The value of the non-probate assets in the amount
of$13,582.79 shall be distributed as follows:
To: Linda S. Millard $4,527.60
To: Harriet Weinstock $4,527.60
To: Jerry L. Prank $4,527.59
8. Under provisions of the Decedent's Last Will dated April 11, 2012, after payment
of all valid claims and debts of the estate, including any costs, administration fees, federal estate
taxes, Pennsylvania Inheritance and/or Estate taxes, the Decedent bequeathed the rest, residue
and remainder of her probate estate at ITEM HI as follows:
(a) One (1) equal share to her son, JERRY L. FRANK,providing that he shall
survive by thirty(30) days.
(b) One (1) equal share to her daughter, HARRIETT WEINSTOCK,providing that
she shall survive by thirty(30)days.
(e) One (1)equal share to be divided equally, share and share alike, between her
granddaughter, STEPHANIE MILLARD and her grandson, ERIC MILLARD,
providing that they survive by thirty(30) days.
All of the named Beneficiaries have survived the Decedent by 30 days and are each
entitled to their share of the Estate.
9, The Executor charges himself with the receipt of the following gross assets and
the inheritance tax refund:
(a) BELCO Community Credit Union #S-1 and#540 $ 1 013.80
(b) Credit Union One 44254777 #S-1 $ 999.80
(c) Credit Union One#4254777 4S-4 $258,571.20
(d) Credit Union One#4254777 #S-38 $ 13,620.99
(e) Interest on Credit Union One#4254777(June-Oct 2012) $ 295.47
(f) Interest on Credit Union One 44262802 (June-Dec 2013) $ 661.36
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(g) Metro Bank#0538077686 $ 1,691.99
(h) Refunds to the Estate $ 2,296.08
(i) Sale of personal property $ 2,150.00
(j) Sale of 3921 Cherylbrook Drive, Mechanicsburg, PA $190,000.00
(k) Adjustments from sale of 3921 Cherylbrook Drive $ 1,258.59
(i) 2012 County/Twp taxes - $ 58.32
(ii) 2012-13 School taxes - $1,124.43
(iii) Sewer 4' Quarter- $ 75.84
(m) Inheritance tax refund $ 1,571.72
(1) Miscellaneous $ 617.91
Total $474,748.91
10. The Executor charges himself with the payment of the following funeral expenses
and costs of administration:
(a) Hetrick Funeral Home - Funeral $ 9,573.46
(b) Beth El Cemetery- Burial $ 2,175.00
(c) Brachendorf Memorials—Foot stone $ 880.00
(d) Executor's travel expenses - Jerry L. Frank $ 662.79
(e) Attorney Fees -Nicholas Law Offices PC $ 7,177.50
(f) Probate/filing fees/costs—Register of Wills $ 557.50
(g) Legal Advertising—The Sentinel $ 200.16
(h) Legal Advertising—Cumberland Law Journal $ 75.00
(i) Information release fee—Sovereign Bank $ 20.00
0) Overnight Mail/Postage—Nicholas Law Offices, PC $ 47.%8
(k) Attorney Fees—Wright Beamer Attorneys $ 675.25
Total $ 22,044.54
11. The Executor charges himself with the payment of the following debts, claims,
mortgage liabilities and liens:
(a) Sunrise of Bloomfield Hills—nursing home/meds $ 284.01
(b) CareMinders Home Care—home nursing care $ 4,616.00
(c) PPL—electric
$ 327.84
(d) PA American Water-water $ 97.22
(e) Verizon Wireless—phone
(f) Comcast—tv $ 64.24
$ 186.47
(g) Hampden Township—sewer&trash $ 310.10
(h) Marathon Landscaping—yard maintenance $ 810.00
(i) Greensward Turf Care—lawn maintenance $ 127.13
0) Bones Contracting - home maintenance (flooring) $ 2,540.00
(k) McNellis Gutter Cleaning—home maintenance $ 525.00
3
{l} Big Bee Window Cleaning—home maintenance $ 210.00
(m) Hampden Township Treasurer-2012-13 School Taxes $ 1,820.98
(n) 1-800-Got Junk—trash/junk removal $ 3,138.00
(o) U-Haul -hauling $ 25.58
(p) Staples/ come Depot—home maintenance - supplies $ 36.88
(q) Sears-home maintenance-dehumidifier $ 330.00
{r} US Treasury—2012 Form 1040 Taxes $ 22,724.00
(s) PA Department of Revenue—2012 PA 40 Taxes $ 3.00
(t) Gordon Advisors,PC tax preparation $ 2,635.00
(u) Michigan Medical Equipment -wheelchair $ 400.00
(v) UPS —overnight mail $ 184.93
(w) FedEx—overnight Mail
$ 30.75
(x) Expenses from sale of 3921 Cherylbrook Drive $ 21,639.26
(i) Realtors commission - $13,000.00
(ii) Tax certification- $ 10.00
(iii) Realty Transfer taxes - $ 1,900.00
(iv) Home Warranty - $ 479.00
(v) Seller Assist- $ 6,250.26
(y) Credit Union One—Account Maintenance fees $ 120.00
(z) FIA Card Services $ 1.00
Total $ 63,060.26
12. All funeral expenses, costs of administration, debts, claims, and liabilities have
been paid except for the Executor's Commission in the amount of$6,500.00 which shall be paid
upon distribution of the assets of the Estate.
13. The Executor charges himself with an advance payment to the Pennsylvania
Department of Revenue of inheritance tax in the amount of $22,000.00. The Inheritance Tax
Return was accepted as filed by the Pennsylvania Department of Revenue on June 4, 2013. The
total inheritance tax due was in the amount of$21,503.66. A discount for early payment in the
amount of$1,075.18 was applied to the account resulting in a total tax payment of$23,075.18.
A refund in the amount of$1,571.52 was received by the Estate.
14. The Executor will reserve finds, in the amount of$2,000.00 for payment of any
additional claims, fiduciary taxes, attorney fees and costs that may be incurred by him. Any
unused balance remaining in the reserve fund at that time shall be distributed to the residuary
j beneficiaries in accordance with the proposed distribution percentages set forth hereafter.
l 15. The Executor desires at this time, to make a partial distribution of the probate
assets in cash, equally among the residuary beneficiaries, however will not do so unless each
beneficiary executes this Release. The balance of available cash for distribution at this time is
summarized as follows:
4
Gross value Of Estate(Paragraph 9) $474,748.91
Less: Funeral&Administration Costs(paragraph l0) $ 22,044.54
Less: Debts,claims, liabilities and liens(Paragraph 11) $ 63,060.26
Less: Executor's Commission(Paragraph 12) $ 6,500.00
Less: Inheritance Tax(Paragraph 13) $ 22,000,00
Less: Reserve fund(Paragraph 14) $ 2.000.00
Sub Total $115.604.80
Balance for distribution at this time $359,144.11
16. The Executor proposes to make the following advance distribution in the amount
of$359,144.11, at this time, as follows:
(a) To Jerry L. Frank $119,71431
(b) To Harriett Weinstock $119,714.70
(c) TO Stephanie Millard $ 59 857,35
(d) To Eric Millard $ 59857.35
Total Advance Distributions $359,144.11
Any unused portion of the$2,000.00 reserve shall be distributed as follows:
(a) One-third to Jerry L, Frank
(b) One-third to Harriett Weinstock
(c) One-sixth to Stephanie Millard
(d) One-sixth to Eric Millard
17. In exchange for the receipt of tha sums sat forth in Paragraph 15, each beneficiary
hereby forever fully releases, compromises, settles and discharges any and all claims, demands,
actions or causes of action, legal or equitable, absolute or contingent, vested or hereafter to
accrue, which they may have against any other party hereto or against the Estate of Dorothy E.
Frank, the Executor, or the attorneys thereof, by reason of any matter, cause or thing growing out
of or relating to any property or assets of the said estate, or growing out of or relating to any act
of the Executor or his attorneys, in the administration of said estate, even if attributable to
negligence, and agree that in no event shall the said period for collection of any erroneous
distribution or distributions be less than two years after the actual discovery thereof by the
Administrator or their attorneys.
18. The Beneficiaries agree to execute such additional releases as the Executor or his
attorneys, may submit to them in order to confirm their discharge from any further liability to the
parties in connection with the said estate.
5
i
i
19. This Agreement may be executed in multiple counterparts and, when so executed
by all parties hereto, shall be binding upon all the parties, and their respective heirs, next-of-kin,
personal representatives and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year hereafter set forth.
r
Dated x , 2014
J Frame, xecutor
Dated 2014
Linda S. Millard,
IRA„Ben'e iciary
Dated 't,`�Q uti2`/ �J , 2014
J . Frank, IRA Beneficiary
and Residuary Beneficiary
Dated -12014
Harriett Weinstock, IRA Beneficiary
and Residuary Beneficiary
Dated 2014
Stephanie Millard, Residuary Beneficiary
Dated 2014
Eric Millard, Residuary Beneficiary
6
19. This Agreement may be executed in multiple counterparts and, when so executed
by all parties hereto, shall be binding upon all the parties, and their respective heirs, next-of-kin,
personal representatives and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and sea] the day
and year hereafter set forth.
Dated _ 1 V 2014 NA
Jerry L. Frank, Executor
Dated (0 2014 -Gj- -
p i da S. Millard, IRA eneficiary
Dated �jA 2014 N,
Jerry L. Frank, IRA Beneficiary
and Residuary Beneficiary
Dated NJA 2014 NA
Harriett Weinstock, IRA Beneficiary
and Residuary Beneficiary
Dated Nh 12014 NA
n '/� Stephanie Millard, Residuary Beneficiary
Dated / "A 2014 PA
Eric Millard, Residuary Beneficiary
6
19. This Agreement may be executed in multiple counterparts and, when so executed
by all parties hereto, shall be binding upon all the parties, and their respective heirs, next-of-kin,
personal representatives and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year hereafter set forth.
Dated 12014
Jerry L. Frank, Executor
Dated 2014
Linda S. Millard, IRA Beneficiary
Dated 2014
Jerry L. Frank, IRA Beneficiary
and Residuary Beneficiary
i
Dated 2014
Harriett Weinstock, IRA Beneficiary
and Residuary Beneficiary
Dated 12014
Stephanie Millard, Residuary Beneficiary
Dated 12014
Eric Millard, Residuary Beneficiary
6
19. This Agreement may be executed in multiple counterparts and, when so executed
by all parties hereto, shall be binding upon all the parties, and their respective heirs, next-of-kin,
personal representatives and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year hereafter set forth.
Dated 2014
Jerry L. Frank, Executor
Dated 2014
Linda S. Millard, IRA Beneficiary
Dated 2014
Jerry L. Frank, IRA Beneficiary
and Residuary Beneficiary
Dated 2014
Harnett Weinstock, IRA Beneficiary
and Residuary Beneficiary
M
Dated ' 2014 ,G Stephan,*Millard, sidu eneficiary
Dated 2014
Eric Millard, Residuary Beneficiary
6
19. This Agreement may be executed in multiple counterparts and, when so executed
by all parties hereto, shall be binding upon all the parties, and their respective heirs, next-of-kin,
personal representatives and assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal the day
and year hereafter set forth.
Dated 2014
Jerry L. Frank, Executor
Dated 2014
Linda S. Millard, IRA Beneficiary
Dated 2014
Jerry L. Frank, IRA Beneficiary
and Residuary Beneficiary
Dated 12014
Harriett Weinstock, IRA Beneficiary
and Residuary Beneficiary
Dated 2014
Stephanie Millard, Residuary Beneficiary
Dated r-e j 7 2014
Eric Millard, It6siduary Beneficiary
6
X
State of /of ) C&e"'—
County ofa��e„� : ss.
On the day of r-6 /r car 2014, before me, a Notary
Public in and for said County and State,the undersigned officer,personally appeared Jerry L.Frank,
in his capacity as Executor, IRA Beneficiary and as a Residuary Beneficiary of the Estate of
Dorothy E. Frank, 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 for the purposes
therein contained, and desired the same might be recorded as such.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
Wotarylic
BENJAMIN JACOSS
Notary Public,State of Michigan
county of Oakland
ALt g iu the�SCawt9 1
7
Commonwealth of Pennsylvania
ss.
County of LV rr i`/Ltu�
On the (0 \ day of 2014, before me, a Notary
Public in and for said County and State, the undersi cer, personally appeared Linda S.
Millard, IRA Beneficiary of the Estate of Dorothy E. Frank, 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 for the purposes therein contained, and desired the same might be recorded
as such.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
Notary Public
CortunwlWOM of PA
NCTARLALSEAL
IGmberlyA.Maher.Notary Pubk
UpperAOen Up.,Cumbetand Coumy
My commfaslon mom Nov.9.2615
8
State of New YO K
ss.
County of enec. Q
On the /8 day of r4_46riia ,-,1 2014, before me, a Notary
Public in and for said County and State, the undersi ied officer, personally appeared Harriett
Weinstock, IRA Beneficiary and Residuary Benefice y of the Estate of Dorothy E. Frank, 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 for the purposes therein contained, and desired the
same might be recorded as such.,
IN WITNESS WHEREOF, I here unt s my hand and cial seal.
tary 1'
SARAH LaMALFA
Notary Public-State of New York
No.01-CO6214132
Qualified in Schenectady County
My Commission Exp.November 30,2017
9
Commonwealth of Pennsylvania
ss.
County ofjCkmbe.61aa51. ,
On the day of C 'r°�rIJGLr tq 2014, before me, a Notary
Public in and for said County and State, the undersigned officer, personally appeared Stephanie
Millard, Residuary Beneficiary of the Estate of Dorothy E. Frank, 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 for the purposes therein contained, and desired the same might be recorded
as such.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Common Wealth of PA 6E'— L
NOTARIAL SEAL r/G
Parvin M.Mehrtash,Notary Pubric
Upper Allen Twp.,Cumberland County Notary Public
MY Commission Expires Mamh 07,2076
10
State of R 60 Lk,
County of L—(ryl ss.
On the — N day of R;Nmanj 2014, before me, a Notary
Public in and for said County and State, the undersign officer, personally appeared Eric Millard,
Residuary Beneficiary of the Estate of Dorothy E. Frank, 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 for the purposes therein contained, and desired the same might be recorded as
such.
IN WITNESS WHEREOF,I hereunto set my hand and official seal.
Notary P lic
KRISTEN MURPHY
Commission#EE 139225
'?`• as Expires October 18,2015
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