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HomeMy WebLinkAbout02-05-13IN THE MATTER OF THE ESTATE OF NANCIE SUE DOBISH A/K/A NANCIE S. DOBISH ~ ~=. ;~ C o ~ ~ r~~ REGISTER OF WILLS IN AND FOR rn ~'" ~ n rn~ ~q~ r~x ~~a CUMBERLAND COUNTY PENNSYLVANIA ?'' ~" cn ..w'~ ~:~W ~ ~ FILE NO. 21-12-0353 .~; `~ ~' ~~ ~' ~ `~ '~+ ~ c; ~ ,..~ ~., ..~ ~ E-_. ~- r~-, ~~ ESTATE SETTLEMENT AGREEMENT '°` a~ r" n THIS AGREEMENT, made this ~ day of January, 2013 WITNESSETH: THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Nancie Sue Dobish alk/a Nancie S. Dobish (the "Decedent"), a widow, died testate on March 9, 2012. Lisa R. Phillips duly qualified with the Register of Wills of Cumberland County, Pennsylvania as Executrix of her probate Estate (the "Estate") on March 23, 2012. 2. Lisa R. Phillips and Hans C. Phillips were the beneficiaries of the Estate of Decedent. 3. The Beneficiaries of the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, deceased (the Beneficiaries") desires the Executor to settle the. Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"). -1- 6. Lisa R. Phillips, Executrix of the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, deceased, desires to forever settle and compromise any and all claims and rights which it may possess, now or hereafter, in the Estate and to confirm its acceptance of the Informal Account (the "Account") which is attached hereto as Exhibits "A," "B," and "C" and incorporated herein by this reference. Lisa R. Phillips, the Executrix of the Estate of Nancie Sue Dobish a/kla Nancie S. Dobish desire that the terms of the Account be in full satisfaction of its rights in the Estate. 7. The Beneficiaries of the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish wish to release the Executrix and to indemnify her against any and all claims that may be asserted against the Executris as of the date hereof. 8. The Executrix is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries of the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, deceased. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, jointly and severally, the Beneficiaries, for themselves, their beneficiaries, personal representatives, successors and assigns: 1. Represents and warrants that the Beneficiaries have read and understands this Agreement and confirms that the facts set forth above are true and correct, to the best of their knowledge, information, and belief. 2. Acknowledges receipt of a copy of the Account. 3. Declares that the Beneficiaries have had the opportunity to review the Account and based upon an examination (or on his decision not to make such an examination), is satisfied that they have sufficient -2- information to make an informed waiver of their right to a formal accounting with the Court, and does hereby waive the filing and auditing of the same. 4. Accepts the Account, examined or not, as if the same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5. Acknowledges that the distributive share or amount received shall be in full satisfaction of the entitlements under the Will, and acknowledged that they have received their appropriate share. 6. Releases, remises, quitclaims and forever discharges the Executor, his heirs, personal representatives, successors and assigns, from and against all claims that it, as residuary beneficiary had, now has, or may in the future have, in connection with the Estate. 7. Agrees to refund on demand, all or any part of any aforesaid distribution, which has been determined by the Executor of the Estate of Daniel S. Tyndale, deceased or by the Court, or by any court of competent jurisdiction to have been improperly made. 8. Agrees to indemnify and hold harmless the Executor, his heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether or not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. 9. Consents to the Court exercising personal jurisdiction over it in any suit or action arising out of the enforcement of this Agreement. IN WITNESS WHEREOF, and intending to be legally bound, the Beneficiaries have caused the Estate Settlement Agreement to be duly executed according to law. -3- CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Hans C. Phillips, Beneficiary of the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, deceased, a copy of which Estate Settlement Agreement has been provided to me. ~ Z~ ~~ Date ~~ ~~~~ Hans C. Phillips Beneficairy ~~~~~ ~~~~~ STATE OF CALIFORNIA COUNTY OF SANTA CRUZ ss: ~, . . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5~1~~ ~~ .z On ~~~ ~'~ ~' ~ ~ ` ~ before me, D to personally appeared (i h `' ~~ ~t~ ~ ~- ~ 0`~ IT't Z.t'~ ~ J ~ ~ - ~ Here Ins rt Name and Tide of he Officer who proved to me on the basis of satisfactory evidence to _ be the person( whose name is/aye subscribed to the within instrument and acknowledged to me that he/sire/theq~ executed the same in his//I~eer/t~reir authorized capacity(ies ,and that by his/I~er/tl~reir signature(~}° on the instrument the person(s~; or the entity upon behalf of _ which the person(s~acted, executed the instrument. ~~~: ~, ~~-~; corer. '-~ ~~~~'~ ~~) I certify under PENALTY OF PERJURY under the laws (~ ~ +.,&~. +a "~ ~9J~r~~i` ~IJ'"~5.~~ C~ii ~~r;t~~fn.:+ o*~ ~+" ~~' rak ~1 }~ ~-Y ~ r,~=~ r~. ~~~~.~~ c ~~~. ~ ~ ~ , of the State of California that the foregoing paragraph is :~~:;-~-..~,~.<:-• ~~~~"-~-~ true and correct. WITNESS my h d official seal. r Signature ' - Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document L ~ Title or Type of Document: CS ~zrr~ ~P~-~l c~ "'L~` j ~'' ~i {~ ~ r`~--~ 2~ . ~- `~ ~ i 3 Number of Pages: .~' Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ^ Individual ^ Corporate Officer -Title(s): _ ^ Partner - ^ Limited ^ General ^ Attorney in Fact ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: Top of thumb here Signer's Name: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney in Fact ' • T f thumb here ^ Trustee ^ Guardian or Conservator ^ Other: Signer Is Representing: op o ©2007 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary. org hem #5907 Reorder: Call Toll-Free 1-600-876-6627 CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Lisa R. Phillips, Executrix and beneficiary of the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, deceased, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, de- ceased, a copy of which Estate Settlement Agreement has been provided to me. D STATE OF IDAHO COUNTY OF BLAINE ss: On this, the ~ day of January 2013, before me, the undersi ned officer g , personally appeared Lisa R. Phillips, 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 in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my~l~nd and official seal. o~~(ry Public JEANNIE t=t, ~I'~tPPER NOTARY P~lE3LIC STATE OF IDAHO ~~ -4- Executrix and Beneficiary of the Estate of Nancie Sue Dobish a/k/a Nancie S. Dobish, deceased EXHIBIT A IN THE MATTER OF THE ESTATE OF NANCIE SUE DOBISH A/K/A NANCIE S. DOBISH REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0353 ASSETS Real property situate at 6395 Stephens Crossing $155,640.31 Mechanicsburg, PA 17050 - 2. Metro Bank $18,053.92 Total $173, 694.23 EXHIBIT B IN THE MATTER OF THE ESTATE OF NANCIE SUE DOBISH A/K/A NANCIE S. DOBISH REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0353 DEBTS AND COSTS 1. Auers Cremation Services, Harrisburg, PA $1,650.00 2. Mary Roth -Music, Memorial Service $300.00 3. Pandora -Pendants for cremation remains $36.00 4. Meals for Lisa R. Phillips and Hans C. Phillips while in Pennsylvania for estate and memorial purposes $599.35 5. Verde Lifestyles -Four Urns for remains $513.50 6. Visaggios- Memorial service, dinner and fellowship $1,878.58 7. Probate Fees - Register of Wills, Cumberland County $353.50 8. Cumberland Law Journal-Estate Legal Advertisement $75.00 9. Patriot-News -Estate Legal Advertisement $88.75 10. Register of Wills, Cumberland County $30.00 Filing Fee, Inheritance Tax Return and Inventory 11. Register of Wills, Cumberland County $20.00 Filing Fee, Estate Settlement Agreement 12. B & B Locksmith $176.00 13. Boscovs -Bedding, Sheets, Towels $575.00 (for caregivers) 14. Colette Wert -Caregiver $400.00 15. Commonwealth of Pennsylvania -Vital Statistics $19.00 Death Certificates for August Dobish 16. Creative Edge- Memoirs, Nancie Dobish $2,653.49 17. Darren Barbacci, M.D. $52.37 18. Delta Airlines, Travel for Lisa R. Philips $1,678.71 19. Dugan Appraisal Services -Real estate appraisal $350.00 20. Earl Grove -moving expense $108.00 21. East Pennsboro Ambulance Service $88.00 22. Enterprise Care Rental -Transportation costs $208.71 For Lisa and Hans far estate purposes 23. Eric Deibler -painting and repairs $2,530.00 24. Families First -medical information $300.00 for child placed for adoption by N. Dobish 25. F. Floto - Videography and photography $500.00 26. G. Angotti -Administrative support, shopping $5,000.00 and cleaning services 27. Halima Pride- caregiver $11,119.25 28. GMAC Mortgage, LLC $100,817.73 29. Hampden Township, Trash and Sewer $457.45 30. Hampden Township -School Taxes $1,387.10 31. Home Depot -Paint and Supplies $554.37 32. Hospice House, Harrisburg, PA $2,960.00 33. Hospice of Central Pennsylvania $9,990.00 34. Hospice of Central Pennsylvania $500.00 35. Joseph Abate -handyman services $250.00 36. Joyce Horn -reimbursement groceries & sundries $127.88 37. Mary Amu Abessi -Caregiver $600.00 38. Pathology Associates of Central Pennsylvania $11.40 39. Patriot News -Obituary $696.10 40. Pealer's Florist -Flowers for memorial service $455.75 41. Penn Power & Light $1,277.33 42. Pennsylvania American Water Company $608.58 43. Pennsylvania Department of Revenue $401.00 Pennsylvania Personal Income Tax 201 1 44. Physician Services $151.71 45. Postage and shipping expense -various memorabilia; thanks you notes $2,663.31 46. Ramada Limited -lodging expense $512.78 Lisa R. Phillips and Hans Phillips 47. Sandra Huah -Caregiver $4,675.00 48. Screen Actors Guild -Health Insurance $450.00 49. Sleepy's -beds for caregivers $450.00 50. Sloan Kettering Memorial Hospital $1,511.00 51. Stanley Steamer Carpet Cleaning $300.00 52. Travelocity -Travel for Hans Philips $740.00 53. Treadway Termite-Pest Inspection $78.00 54. UPS -shipping costs $1,500.00 Memorabilia to various family members 55. Various business establishments -bedding, $3,98.94 Clothing, sundries for decedent 56. Verizon -Internet, television, cell, and $2,443.96 landline services for decedent 57. Waggoner Fruitiger - $350.00 2011 Federal, state and local tax services 58. West Shore EMS -Ambulance Services $118.10 59. Commonwealth of Pennsylvania-Transfer Tax $1,550.00 60. L & M Associates -repairs as result of $1,619.57 home inspection 61. Green Mechanical, LLC -repair $89.00 62. Cumberland County Tax Claim Bureau $2,017.59 63. Home Warranty of America $450.00 64. Dugan Realty Group, Inc. $4,650.00 65. Re/Max First Advantage $4,650.00 66. American Express $35,639.71 Account No.: 3772-338823-63007 67. American Express $3,244.83 Account No.: 3737-046906-46001 68. Citibank $7,849.32 Account No.: 5424- 1811-7085-4462 69. Stephens Court Gamma Association $750.00 70. Traveler's Homeowners Insurance $1.68.96 Total X235, 006.70 EXHIBIT C IN THE MATTER OF THE ESTATE OF NANCIE SUE DOBISH A/K/A NANCIE S. DOBISH REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-12-0353 Distributions to Beneficiaries 1. Lisa R. Phillips $0.00 2. Hans C. Phillips $0.00 Total Distribution $0.00