HomeMy WebLinkAbout05-20-15 Pa. O.C. Rule 6.12 STATUS REPORT
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Name of Decedent: Ruth I. Cornman
Date of Death: 06/10/2013 File Number: 21-13-0695
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.
A copy of the Family Settlement Agreement is attached.
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Capacity: ❑ Personal Representative Counsel
Linda J. Olsen Esq. #92858
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LA.7 N �1 w'.0 Name of Person Filing this Form
U 2000 Linglestown Road
c Suite 202
UJ �_ Address
Harrisburg, PA 17110
City,State,Zip
717-540-4332
Telephone
Form RW-10 Rev.10-13-2006 Copyright(c)2006 form software only The Lackner Group,Inc.
FAMILY SETTLEMENT AGREEMENT AND FINAL RELEASE
IN THE
ESTATE OF RUTH I. CORNMAN, DECEASED
AND
RUTH L CORNMAN IRREVOCABLE INCOME ONLY TRUST DATED
MARCH 25, 2010
KNOW ALL MEN BY THESE PRESENTS, that WHEREAS, RUTH I. CORNMAN,
late of Cumberland County, Pennsylvania, deceased, died testate on June 10, 2013, having first
made her Last Will and Testament, which was duly executed on November 17, 2009 and is duly
recorded in the Office of the Register of Wills, Cumberland County Courthouse, File No. 21-1.3-
0695;
WHEREAS, RUTH 1. CORNMAN, by the aforesaid Last Will and Testament, named
Holly L. Nitchman as Executrix of her Last Will and Testament;
WHEREAS, Letters Testamentary on the Estate of decedent were duly issued by the
Register of Wills of Cumberland County and were granted on June 24, 2013 to Holly L.
Nitchman, hereinafter called Personal Representative;
WHEREAS, pursuant to Article Four of the Last Will and Testament of RUTH I.
CORNMAN, an undeveloped tract of land located in Silver Spring Township, Cumberland
County, Pennsylvania, is devised to decedent's granddaughter, Shelby L. Nitchman;
WHEREAS, on March 25, 2010, the same tract in Silver Spring Township was
transferred to the RUTH 1. CORNMAN IRREVOCABLE INCOME ONLY TRUST DATED
MARCH 25, 2010, after the decedent executed her Last Will and Testament;
WHEREAS, pursuant to Article Five of the Last Will and Testament of RUTH I.
CORNMAN, the Estate of RUTH 1. CORNMAN, real and personal, is devised to decedent's
children, 29% each to, Holly L. Nitchman and Linda S. Shaffer, and the remaining 42% to be
divided and distributed equally among decedent's grandchildren, Alisa J. Elicker, Danylle S.
(Fry) Minsker, and Shelby L. Nitchman;
WHEREAS, pursuant to Article Six of the Last Will and Testament of RUTH I.
CORNMAN, any share distributable to a beneficiary who has not attained the age of 28 years,
shall be placed in trust;
WHEREAS, Shelby L. Nitchman is the only beneficiary who has not attained the age of
28 years; and
WHEREAS, the Personal Representative has gathered the assets of the estate of the
decedent, and the assets consist of personal property to a total value of$176,893.48 as set forth
in a statement of account of the said Personal Representative, and which is attached hereto and
made a part hereof and marked Exhibit A; and
WHEREAS, the balance for distribution as shown in the statement marked Exhibit A will
be distributed as set forth on Exhibit A in accordance with the terms of the Last Will and
Testament of the decedent.
NOW, THEREFORE, KNOW YE, that we, Holly L. Nitchman, Linda S. Shaffer, Alisa J.
Elicker, Danylle S. (Fry) Minsker, and Shelby L. Nitchman, being the beneficiaries and heirs of
the decedent, and being those persons entitled to inherit under the Last Will and Testament, do
hereby acknowledge that we will receive a final distribution from the Personal Representative, in
full satisfaction and payment of all sum or sums of money, legacies, bequests and devices as are
given, devised and bequeathed to us, and which amounts are set opposite our names in the table
and schedule of distribution in the statements attached hereto and marked Exhibit A;
AND, we do hereby stipulate that in order to avoid the expense and time involved in the
filing of a fon-nal account and schedule of distribution in the Orphans' Court Division of the
Court of Common Pleas, no formal account is necessary, and we do hereby consent to
distribution being made pursuant to the provisions of this Family Settlement Agreement, without
the filing of an account and schedule of distribution with the Orphans' Court, the same to be with
the same force and effect as if it had been filed and confinned by the Orphans' Court Division of
the Court of Common Pleas, Dauphin County, Pennsylvania.
WHEREAS, the RUTH I. CORNMAN IRREVOCABLE INCOME ONLY TRUST
DATED MARCH 25, 2010, was duly executed on March 25, 2010 (the"Trust);
WHEREAS, RUTH I. CORNMAN named Holly L. Nitchman as Trustee of the Trust;
WHEREAS, RUTH I. CORNMAN died on June 10, 2013;
WHEREAS, upon the death of RUTH I. CORNMAN and under the ten-ns of Section 2.2,
Paragraph (2) (a) of the Trust, the one acre vacant lot located in Cumberland County is
distributed to decedent's granddaughter, Shelby L. Nitchman,per stirpes;
WHEREAS, pursuant to the provisions of the Trust, Section 2.2, Paragraph (2) (b) and
(c), decedent's daughters, Holly L. Nitchman and Linda S. Shaffer, shall each receive 29% of the
residue;
WHEREAS, pursuant to the provisions of the Trust, Section 2.2, Paragraph (2) (d), 42%
of the rest and residue is to be divided equally among decedent's grandchildren: Alisa J. Elicker,
Danylle S. (Fry) Minsker and Shelby L. Nitchman,per stirpes;
WHEREAS, pursuant to the provisions of the Trust, Section 2.3 provides that shares of
any beneficiary under the age of 28 years of age shall remain in trust;
WHEREAS, the only Trust beneficiary who has not attained the age of 28 years is Shelby
L. Nitchman;
WHEREAS, the Trustee has gathered the assets of the trust, and the assets consist of
property to a total value of$533,927.02 as set forth in Exhibit B, which is a statement of account
of the said Trustee, and which is attached hereto and made a part hereof,
WHEREAS, on or about September 11, 2013, each of the 29% residuary beneficiaries
received an early, partial distribution from the Trust in the amount of$22,573.65, and each of the
14% residuary beneficiaries received an early, partial distribution from the Trust in the amount
of$10,897.63; and
WHEREAS, on or about March 4, 2014, each of the 29% beneficiaries received a second
early, partial distribution from the Trust in the amount of $79,347.71, and each of the 14%
beneficiaries received a second early, partial distribution from the Trust in the amount of
$38,305.79.
NOW, THEREFORE, KNOW YE, that we, Holly L. Nitchman, Linda S. Shaffer, Alisa J.
Elicker, Danylle S. (Fry) Minsker, and Shelby L. Nitchman, being the beneficiaries and heirs of
the decedent, and being those persons entitled to inherit under the Ruth I. Cornman Irrevocable
Income Only Trust Dated March 25, 2010, do hereby acknowledge that we will receive final
distribution from the Trustee, in full satisfaction and payment of all sum or sums of money,
legacies, bequests and devices as are given, devised and bequeathed to us under the terms of the
Ruth I. Cornman Irrevocable Income Only Trust Dated March 25, 2010, and which amounts are
set opposite our naives in the table and schedule of distribution in the statements attached hereto
and marked Exhibit B;
THEREFORE, we and each of us do hereby remise, release, quit claim and forever
discharge the Personal Representative/Trustee, Holly L. Nitchman, her heirs, executors,
administrators, successors and assigns, of and from the estate/trust and from all actions, suits,
payment, accounts, reckoning, claims and demands whatsoever for or by reason thereof, or for
any other use, matter, cause or thing whatsoever touching upon the estate or trust of the
decedent; and each of us do further hereby covenant and agree that should any liability come due
to the estate or trust of the decedent after the signing of this agreement, each of us do hereby
covenant and agree with each other and the Personal Representative/Trustee that we will
contribute pro rata our share of the estate or trust to satisfy any and all claims, demands, suits or
causes of action which may be successfully prosecuted against the estate or trust or the Personal
Representative/Trustee after the signing, sealing and delivery of this Family Settlement
Agreement and Final Release.
ESTATE OF RUTH I.CORNMAN-Exhibit"A"
DOD 6/10/2013
Assets DOD Values
PNC cking 5070103673(this was changed to estate checking) $ 4,252.80
Refund-Highmark premium $ 603.46
Refund-Myers Funeral Home $ 1,048.68
Refund-Highmark Prescription Premium $ 40.93
Refund-Church of God Home $ 3,942.14
Total Probate Assets $ 9,888.01
Non-Probate Assets
Fulton Bank CD 253-0003102 ITF Holly/Linda $ 2,513.05
Members 1st FCU savings 334461-00 jt Holly $ 535.67
Members 1st FCU CD 334461-42 jt Holly $ 88,031.00
Members 1st FCU CD 334461-41 jt Holly $ 35,012.68
PNC Savings 5005295808 jt with Holly $ 7,775.36
ING Financial Brokerage 3Z5121355 $ 50,515.73
Wells Fargo IRA 257410279171235 $ 2,621.98
Total Non-Probate Assets $ 187,005.47
Total Assets $ 196,893.48
Income Amount
ING Financial Est.Acct.-gain on liquidation $ 1,559.48
Members 1st Acct.#334461-00 6/30 Int. (closed) $ 0.07
Members 1st Acct.#334461-41 6/30 Int. $ 42.88
Members 1st Acct.#334461-41 7/12 Int. (closed) $ 15.74
Members 1st Acct.#334461-42 6/30 Int. $ 129.51
Members 1st Acct.#334461-42 7/2 Int. closed $ 4.32
Members 1st Est.Acct.#515256 7/31 Int. $ 10.17
Members 1 st Est.Acct.#515256 8/31 Int. $ 15.77
Members 1 st Est.Acct.#515256 9/30 Int. $ 14.15
Members 1st Est.Acct.#515256 10/31 Int. $ 14.50
Members 1st Est.Acct.#515256 11/30 Int. $ 14.03
Members 1st Est.Acct.#515256 12/31 Int. $ 14.50
Members 1st Est.Acct.#515256 1/31/14 Int. $ 14.50
Members 1st Est.Acct.#515256 2/28/14 Int. $ 8.74
Members 1st Est.Acct.#515256 3/31/14 Int. $ 9.38
Members 1st Est.Acct.#515256 4&5/14 Int. $ 17.87
Members 1 st Est.Acct.#515256 6/30/14 Int. $ 8.79
Members 1 st Est.Acct.#515256 7/30/14 Int. $ 9.08
Members 1 st Est.Acct.#515256 8/12/14 Int. (closed) $ 3.52
PNC Savings 5005295808 Int.6/30/13 $ 0.09
Total Estate Income $ 1,907.09
Estate Expenses Amount To Be Paid
Debts
Alert Pharmacy Services-Ma /June Pharmacy Bill $ 105.49
PA Income Tax personal for 2013 $ 388.00
Jones Accounting Services $ 181.00
Administrative Costs
Cumberland Law Journal-advertising $ 75.00
Dept.of Revenue-2014 Fid.Tax return $ 9.00
Hazen Elder Law-legal fees $ 10,500.00
Hazen Elder Law-disbursements $ - 55,16
T
Holly Nitchman-executor fee $ 0,00000
Journal Multimedia-advertising $ 167.00
Reg of Wills-probate fees $ 36150
Reserve for additional disbursements $ 5000 $ 50.00
Funeral
Myers Buhrig Funeral Home $ 3,000.00
Olive Garden-funeral luncheon $ 357.23 1 1
Total $ 25,251.38 $ 50,00
Total Assets and Income $ 198,800.57
Less Total Expenses -$ (25,21,51 33)
Less Inheritance Tax S (28.727.80)
Total $ 144,822.39
BENEFICIARIES
Distribution Beneficiary* Final
Holly L. Nitchman 29%of residue $ 2,567.51 $ 40,509.34
Linda S. Shaffer 29%of residue -2,567.52 $ 40,509.33
Dan ll S. F!j Minsiter 14%of residue - $ 19,556.23
Alisa J. Elicker 14%of residue $ 19,556,23
,Testamentary Trust fbo Shelby L. Nitchman 14%of residue $ 19,556.23J
TOTAL $ 5,135.03 $ 139,687.36 1
Total Distributions $ 144,822.39 j
Fulton Bank CD and Wells Fargo IRA were beneficiary designated accounts,
-Actual cash distribution may increase or decrease based on receipt of additional assets or income,presentation
of an obligation,and/or payment of additional expenses.
RUTH I. CORNMAN IRREVOCABLE INCOME ONLY TRUST - Exhibit "B"
DATED MARCH 25, 2010
Irrevocable Income Only Trust DOD
ING Brokerage 3Z5121710 $ 275,964.24
Wells Faro Savings 2000047066908 $ 36,682.94
Wells Fargo Checking 2000047066911 $ 37.96
MidPenn Bank Checking 108014274 $ 3,213.74
MidPenn Bank CD 309003072 $ 155,172.14
Lot- Silver Spring Twsp. $ 62,856.00
Tota Trust Assets $ 533,927.02
Trust Income Amount
ING Financial - Income 6/14 $ 28.89
ING Brokerage 3Z5121710 - loss on liquidation $ (2,1116.09)
MidPenn Bank CD 309003072 - Int. on liquidation $ 795.35
MidPenn Trust Acct. 6/28 Int. $ 0.16
MidPenn Trust Acct. 7/28 Int. $ 0.29
MidPenn Trust Acct. 8/28 Int. $ 0.26
MidPenn Trust Acct. 9/30 Int. $ 43.99
MidPenn Trust Acct. 10/31 Int. $ 53.44
MidPenn Trust Acct. 11/29 Int. $ 33.01
MidPenn Trust Acct. 12/31 Int. $ 36.44
MidPenn Trust Acct. 1/14 Int. $ 35.05
MidPenn Trust Acct. 2/14 Int. $ 26.06
MidPenn Trust Acct. 3/14 Int. $ 63.32
MidPenn Trust Acct. 4/14 Int. $ 76.59
MidPenn Trust Acct. 5/14 Int. $ 49.75
MidPenn Trust Acct. 6/14 Int. $ 19.63
MidPenn Trust Acct. 7/14 Int. $ 59.93
MidPenn Trust Acct. 8/14 Int. $ 34.36
MidPenn Trust Acct. 9/14 Int. $ 23.20
Wells Fargo Trust Say. #---6908 -6/30 Int. $ 3.01
Wells Fargo Trust Say. #---6908 -7/31 Int. $ 3.11
Wells Fargo Trust Say.#---6908 - 8/31 Int. $ 3.09
Wells Fargo Trust Say.#---6908 -9/30 Int. $ 2.97
Wells Fargo Trust Say.#---6908 -10/31 Int. $ 3.48
Wells Fargo Trust Say. #---6908 - 11/30 Int. $ 3.87
Wells Fargo Trust Say. #---6908 - 12/31 Int. $ 3.99
Wells Fargo Trust Say. #---6908 - 1/31/14 Int. $ 3.99
Wells Fargo Trust Say. #---6908 -2/28/14 Int. $ 3.61
Wells Fargo Trust Say. #---6908 - 3/31/14 Int. $ 3.99
Wells Fargo Trust Say.#---6908 -4/14 Int. $ 3.73
Wells Fargo Trust Say. #---6908 - 5/30/14 Int. $ 3.19
Wells Fargo Trust Say. #---6908 -6/30/14 Int. $ 3.07
Wells Fargo Trust Say. #---6908 - 7/30/14 Int. $ 3.19
Wells Fargo Trust Say. #---6908 - 8/29/14 Int. $ 1.78
Wells Fargo Trust Business#---2815 - 8/29/14 Int. $ 5.20
Total Trust Income 1 $ (981.10)
Expenses Amount
Mid Penn-check order $ 6.91
Wells Fargo Savings#---6911 /RE taxes 8/13 $ 553.44
Wells Faro Savings#---6911 /RE taxes 5/14 $ 199.57
Wells Fargo Savings#---6911 /RE taxe's 8/14 $ 565.06
Total $ 1,324.98
Total Trust Assets and Income $ 532,945.92
Less Expenses for Real Estate $ (1,3:4.98)
Estate/Shelby 3 (62,8 56.00)
Total Trust Assets Available for Distribution $ 468,764.94
Trust Beneficiaries
DistributionsSept, 2013 Feb. 2014 June, 2014 Final
Holly L. Nitchman -29% of Trust $ 22,573.65 $ 79,347.71 $ 34,020.46
Linda S. Shaffer -29% of Trust $ 22,573.65 $ 9,946.40 $ 69,401.31 $ 34,020.46
Dan II S. Fry Minsker - 14% of Trust $ 10,897.63 $ 38,305.79 $ 16,423.68
Alisa J. Elicker - 14% of Trust $ 10,897.63 $ 38,305.79 $ 16,423.68
Shelby L. Nitchman - 14% of Trust $ 10,897.63 $ 38,305.79 $ 16,423.68
TOTAL 1 $ 77,840.19 $ 9,946.407$ 263,666.39 $ 117,311.96
Total Trust Assets $ 468,764.94
"Actual cash distribution may increase or decrease based on receipt of additional assets or income,presentation
of an obligation,and/or payment of additional expenses.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this ^43 day of
021 L,, ,, 1.,`- , 2014.
Witness Danylle . (Fry) K41nsker
Estate of Ruth I. Cornman
COMMONWEALTH OF PENNSYLVANIA )
ss:
County of `> ,/ ,, )
On this the -Q, 3 day of ..,r��c3 ,,...,�_ 2014, before me, a Notary
Public, the undersigned officer, personally appeared Danylle S. (Fry) Minsker, 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Pubiic
IN WITNESS WHEREOF, we have hereunto set our hands and seals this (S day of
2014.
Witn ss Alisa J. Elickeil
Estate of Ruth I. Cornman
COMMONWEALTH OF PENNSYLVANIA )
ss:
County of )
On this the day of l <- 2014, before me, a Notary
Public, the undersigned officer, personally appeared Alisa J. Elicker, 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Nota Public
CaMMr NWEALf f 01P PfNN9YLVANtA
Notarial Seal
Jamie E.Smith,(Votary Public
Carroll Twp.,York County
My Commission Expires July 27,2016
MEMM,PENNSYLVANIA ASSOCIATION Of NOTARIES
IN WITNESS WHEREOF, we have hereunto set our hands and seals this /.5 day of
2014.
Witness Hol L. Nitch an
Estate of Ruth I. Cornman
COMMONWEALTH OF PENNSYLVANIA )
ss:
County of ADo )
On this the day of 2014, before me, a Notary
Public, the undersigned officer, personally appeared Holly L. Nitchman, 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL
CORINNE EGGERS WOODHOUSE
Notary Public
SUSQUEHANNA TWP., DAUPHIN COUNTY
My Commission Expires Aug 19,2015
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
2014.
Witnessoll . Nitchma., Trustee for
Testamentary Trust fbo Shelby L. Nitchman
Estate of Ruth I. Cornman
COMMONWEALTH OF PENNSYLVANIA )
ss:
County of Qo,.,►-�52�.., )
On this the day of 2014, before me, a Notary
Public, the undersigned officer, personally appeared Holly L. Nitchman, Trustee, 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.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
NOTARIAL SEAL
CORINNE EGGERS WOODHOUSE
Notary Public
SUSQUEHANNA TWP., DAUPHIN COUNTY
My Commission Expires Aug 19, 2015
IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of
l�(CjV,3L , 2014.
6) ,L'e'
Witness Linda S. Shaffer
Estate of Ruth 1. Cornman
COMMONWEALTH OF PENNSYLVANIA )
ss:
County of -Pt R-M )
On this the 19*- day of Q(!, (/1/}�Q� 2014, before me, a Notary
Public, the undersigned officer, personally appeared Linda S. Shaffer, 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.
IN WITNESS WHEREOF, I hereunto set my hand and of cial seal.
Deputy Prothonotary&Clerk of Courts
Bloomfield Boro..Perry Co.,PA
My Commission Expires Jan.4,2016