Loading...
HomeMy WebLinkAbout04-30-14 Pa. O.C. Rule 6.12 STATUS REPORT REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Name of Decedent: John L. Spriggs Date of Death: 05/1112012 File Number: 21-12-00624 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 copy of Estate Settlement Agreement, dated April 18, 2014, attached. Data 04/18/2014 4- Signature Pe on Filing this Form O co �— < W N ~ Capacity: 11 Personal Representative ® Counsel U �` ~ Z O lL ti 4 � U q c� Y Jeffrey R. Boswell, Esquire o z O � LAJ W (;J �' Name of Person Filing this Form C� J __ � = w 315 North Front Street o — n co UJ U Address ti Harrisburg, PA 17101 city,state,zip 717-236-9377 Telephone Form RW-10 Rev 10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc. t] THE ESTATE OF JOHN L. SPRIGGS, DECEASED NO. 21-12-0624 ESTATE SETTLEMENT AGREEMENT THIS ESTATE SETTLEMENT AGREEMENT (herein referred to as "Agreement') is made as of the 10- day of April, 2014, between ELAINE M. SPRIGGS, Executrix of the Estate of John L. Spriggs (herein referred to as "Executrix" and "Estate"), and ELAINE M. SPRIGGS, of 1039 Country Club Road, Camp Hill, PA 17011, residuary legatee and beneficiary of the Estate (herein referred to as "Beneficiary"). In accordance with their desire that the administration of the Estate be completed, and in consideration of the mutual covenants expressed, the stated Executrix and Beneficiary, intending to be legally bound, acknowledge and agree, as follows: 1. John L. Spriggs (herein referred to as the "Decedent') died on May 11, 2012. 2. The Register of Wills of Cumberland County granted Letters Testamentary unto Elaine M. Spriggs, Personal Representative or Executrix, on June 5, 2012. Jeffrey R. Boswell, Esquire, served as legal counsel (herein referred to as "Counsel'). 3. The Decedent, in his Last Will and Testament, dated July 14, 2004, in ITEM V, nominated his spouse, Elaine M. Spriggs, as Executrix 4. Counsel prepared and mailed to each Beneficiary the Rule 5.6 Notice of her respective beneficial interest in the Estate. Counsel prepared a Certification of Notice Under Rule 5.6 (a) and filed same with the Register of Wills of Cumberland County on August 29, 2012. 1 5. In September, 2012, Counsel prepared and arranged for the publication of the required legal advertisements in The Sentinel and the Cumberland Law Journal, which proofs of publication are attached as Exhibits "A" and "B." 6. Elaine M. Spriggs provided Counsel with financial records for accounts held individually by the decedent and accounts jointly held by husband and wife, current bills, income tax returns for the years ending December 31, 2010, and December 31 , 2011, and all pertinent financial information throughout the administration of this estate. 7. Counsel handled all matters pertinent to death benefits for all retirement accounts, including the decedent's federal pension., as to which Elaine M. Spriggs, the surviving spouse, was the surviving annuitant and Beneficiary. 8. Counsel prepared and filed the final joint income tax return for the period ending December 31, 2012. 9. Counsel handled the distribution of all bank accounts to the Beneficiary. the Executrix paid all estate debts and expenses of administration from her bank accounts that were established before decedent's death. 10. Counsel handled the distribution and re-titling of accounts administered by Wells Fargo Advisors to the Beneficiary. 11 . Elaine M. Spriggs, the Executrix and the Beneficiary, executed all pertinent documents prior to the Certification of her Disability, executed on September 16, 2013, under her Durable Power of Attorney, dated December 7, 2012, appointing Jeffrey R. Boswell, Esquire, as her Agent. 2 12. Counsel prepared and filed the Inventory and the Pennsylvania Inheritance Tax Return on November 21, 2011 13. The Pennsylvania Inheritance Tax Return (REV-1500) was "Accepted as Filed" by the Pennsylvania Department of Revenue, on March 24, 2014. 14 After the stated final distribution, Jeffrey R. Boswell, Esquire, as counsel, will file a copy of this Estate Settlement Agreement, noting that the estate administration is complete, attaching same to the final Rule 6.12 Report that will be filed with the Register of Wills. 15. Elaine M. Spriggs, as Executrix and Beneficiary, acknowledges that if it is determined that if there is any additional tax liability (including interest and penalties) or any other proper debt, the Executrix will pay only such amount that is proper. 16. The Beneficiary agrees to return to the Estate from her respective distribution any proportionate share so the Executrix can pay any expense, debt, and/or tax, received and determined to be proper for payment after distribution to the Beneficiary, which total amount to be returned to the Estate shall not exceed the total distribution paid to the Beneficiary. 17. The parties, and each of them, hereby forever fully release, compromise, settle, and discharge any and all claims, demands, actions, or causes of action, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any of them may have against each other and any other party hereto or against the Estate, or the agents of the estate, including the Executrix, their accountants and attorneys, by reason of any matter, cause or things growing out of or relating to any property or assets of said estate, or growing out of or relating to any act of the Executrix in her administration of 3 the said estate, even if attributable to negligence, and agree that any period of the limitation as to actions on claims and distributions shall commence only at such time as the Executrix shall have obtained actual knowledge of said claims or distributions, which period shall end two (2) years after actual discovery, 18. Each party agrees that this Agreement shall be an Acknowledgment and Release as to the payment of estate debts, expenses of administration, and inheritance tax, and his or her respective receipt of the proper distributive share of net estate assets_ 1G. Each party agrees to execute such additional documents and releases as the Executrix may submit to him, her, or them in order to complete any administrative details and to confirm discharge of the Executrix, her accountants and attorneys, from any further liability to the parties in connection with this Estate. 20. This Agreement may be executed in multiple counterparts and, when so executed, shall be binding upon all parties, and their respective heirs, next of kin, personal representatives, and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. DATE: 4116 htm Elaine M. Spriggs, Exec rik of the Estate of John L. Spriggs, by Jeffrey R. Boswell, Esquire, Agent Under Power of Attorney 4 DATE: 'i'i8 f;my Elaine M. SpFiggs,nerilefici ary of the Estate of John L. Spriggs, by Jeffrey R. Boswell, Esquire, Agent Under Power of Attorney COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN On this, the IF-,-,'-day of 2014, before me, the undersigned, personally appeared Jeffrey R. Boswell, Esquire, Agent Under Power of Attorney of Elaine M. Spriggs, the Executirx and Beneficiary and Residuary Legatee of the Estate of John L. Spriggs, and executed the foregoing instrument-for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEAVni OF P€NNSYIVANIA FNotarial Seal Connie L.Hardy,Notary Public City of Harrisburg,Dauphin County My Commission Expires Feb.16,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 5 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Jackie 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 13th, 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): September 8, 15& 22 2012 COPY OF NOTICE OF PUBLICATION �eletlers Teslamenf�ry for the Estate of JOHN L.SPRIGGS,ivhE diedmay,1,' 2012,1ateof the Townsalpol East Pennsborp Cumberland County..`, Afflant further deposes that he/she l Snot Pennsylvania were greritedlto Elaine'M.Spriggs•uxeoutn d G June 5p All,hose having;e dlarm or ttlOse indebledt0 the estatesggrold mdTc'e interested in the subject matter of the ,yrg th air positI on known by cdntactingI, l_ t aforesaid notice or advertisement, and that Executrix Elaine M+S s..tubAoad all allegations m the foregoing statement as All ._.:+ to time, place and character of publication are true. ohey: 130swyliJInIng, l,Esgulre .i1•wi 2 315 Norlh Front Sliest Piccolo 3'15 Nprlh Fronf Stieet _ris HeLburg,PA 17.7101 r . 1• ... • . Sworn to d subscrib bef a me this Z � �rz Notary Public My commission expires: NOTARIAL SEAL �.. BAMBI ANN HECKENOORN Notary Public CARLISLE BOROUGH,CUMBERLAND CNTY idy Commission Expires Jan 27, 2014 r f 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: September 7 September 14 and September 21 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. � K��— (� � --- sa Marie Coyne, J itor SWORN TO AND SUBSCRIBED before me this 21 day of September, 2012 Spriggs,John L.,dec'd. j Notary Late of the Township of East Pennsboro. Executrix: Elaine M. Spriggs, 1039 Country Club Road, Camp Hill,PA 17011. Attorneys: Jeffrey R. Boswell, NOTARIAL SEAL Esquire, Boswell, Tintner & Pic DEBORAH A COLLINS cola, 315 N. Front Street, Har- Notary Public risburg, PA 17101. CARLISLE BOROUGH,CUMBERLAND COUNTY lAy Commission Expires Apr 28,2014