HomeMy WebLinkAbout08-26-13 IN THE CUURT OF COMMON PLEAS OF
CUMBERLAND Ct}UNTY, PENNSY[.VANIA
t3RPHANS' CQURT LiIVISICIN
ESTAT`E OF GILBERT W. PRt7BST, DECEASED
FILE NCi. 2013-00296
FAMILY AGREEMEIVT AND FINAL RELEASE
THI3 AGREEMENT by and beYween JCINAS A. DIFFENBAUGH, as Gxecutor of the
Estate of GILBERT W. PROBST, Deceased, and DANIEL L. PROBST, BRENDA D.
J{}FINSON, TARA NELSf1N-SHRAUDEI2, TQNYA MACLAY, EI2IKA NELSQN and
ANDREA NELSON,individually.
WHEREAS, GILBERT W. PROBST, tate af Cumberland County, Pennsylvania, died
testate an February 19, 2413; having first made his Last Wi11 and Testament dated December 24,
]97'7, which instrument was adrnitted to probate and is recorded in Cumberland County
�, Courthouse, Register of Wiils, File No. 2013-OQ296;
WHEREAS,JONAS A. DIFFENBAUGR has been duly appainted as Executar af the
Estate of Gilbert W. Probst, Deceased, and
WHEREAS,the parties in interast aze: -.,
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I. Danie] l,. Frabst, san; � ° �_ t ' `;
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2. Brenda D_ Johnson, daughter; � n rn �} '; �:�
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3. Tara Nelson-Shrauder, granddaaghter; ;�' � �- � " ° �;
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4. Tonya Maclay, granddaughter; : -�s , . ;. ' ,
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5. Erika Nelson, granddaughter; aad
b. Andrea Nelson, granddaughter
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WHEREF�S,DANIEL L. PROBST and BRENDA D.JOHNSON are each entitled ta
one-third (1J3) of the residuary property;
WHEREAS, TARA NELSON-SHRAUDER, TQNXA MACLAY, ERIKA NEL30N
and ANDItEA NELSON are each entitled to one-twelfth(I J}2}a€the residuary property;
WHEREAS, each of the parties to this Agreement have been furnished with a complete
listing of the estate assets, receipts and disbursements as set forth on the Statement of Account as
attached hereto and marked as Exhibit A;
WHEREAS, the parties to this Agreement each acknowledge to have received a proposed
Schedule of Distribution attached hereto and mazked as Exhibit A;
WHEREAS, it is the desire of the parties to this agreement that administration of this
estate be completed and accornplished without a fottnal accaunting and adjudication in the
Orphans' Court Division of the Court of Common Pleas of Cumberland County, it being the
idesire of the parties to avoid the additional expense,delay and publicity of a formal accounting.
NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises,
covenants and agreements recited herein,the parkies do agree as follaws:
1. JONAS A. DIFFENBA(IGH, Executar, does hereby state that he has fully and
faithfulty dischazged the duties of his office, and the Statement of Account (Exhib'rt A) is true
and correct and fully discloses all significant transact3ons during the accaunting period. He
€urther states that all knawn cEaims against the Estate have been paid in fuli, and to the best af his
knowledge there are na claims outstanding against the Estate and all taxes presently due from the
EstaCe have been paid.
2. Each of the parties ta this Agreement daes hereby release and forever discharge
the said Executor, JONAS A. DIFFENBAUGH; his heirs, executors, adrninistratars and
2
assigns, JAN L. BROWN& ASSOCIATES, attorneys at [aw, and JACQUELINE A.
KELLY,ESQUIRE from any and al! liability which may fram time ta time arise in cannectian
with their service as Executor and Attorneys af the Estate of Gilbert W. Probst. The parties do
further agree to indemnify and hold them harmless from any and all tiabiiity which may arise
against the Estate from creditors ar clairnants.
3. Each of the parties does hereby acknowledge rece'rpt of the assets described on the
Schedule of Distribution attached hereto.
4. Each of the parties acknawledges that the terms of this Agreement sha11 be
binding upon their respective heirs, successors, administrators and assigns.
5. Each of the parties do further agree with each other and the aforesaid Executor
tha#should any liability came due ta the Estate of the said decedent after#he signing af this
Agreernent, each will oontribute pro rata his/her share of the Estate to satisfy any and all claims,
demands, suits or causes of acti�n which may be successfully prosecuted against the said F.,state
or the afaresaid Executar after the signing, sealing and detivery pf this Agreement.
6. This Agreement shall be governed by the laws of the Cornrnonwealth of
Pennsyfvania.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this�day of
J w�, zoi3.
WITNESS:
i�
JO AS A. DIFF NBAUGH, Executor
COMMONWEALTH OF PENNSYLVANIA .
. SS:
COUNTY OF DAUPHIN
On this the ��day of �i.� , 2013, before me, a Notazy Public, the
undersigned officer, personally appeared J AS A. DIFFENBAUGH, 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 far the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
,
tazy P blic
NOTARfAL SEAL
JACOUELINE A KELLY
Notary Public
LOVYER PAXTON TWP.,DAUPHIN COUNTV
My Commisalon Expires Dec 17,2015
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_ _ _ _ . _
�IN WI ESS WHEREOF, I have hereunto set my hand and seal this �day of
> 2013.
WITNESS:
-��—��f�— � � �
ll IEL L. PROBST, Beneficiary
COMMONWEALTH OF PENNSYLVANIA .
/� ( ( (� SS:
COUNTY OF(�vw.-k�P,/"lai�t.� �
On this the d'�' day of �5 , 2013, before me, a Notary Public, the
undersigned officer, personally appeared NIEL L. PROBST, 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.
IN WITNESS WHEREOF, I hereunto set my hand a fficial s
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MMONWEALTH F P NN YWANIA
NOTARIALSEAL
CHERYL R.OARMAN,NMery Publ�
My�Him�CumbeAan�l CouMY
ExpirOe Mey 20,2016
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this ��day of
, 2013.
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� ��$�.� BRENDA D. JOFINSON, Benefici
COMMONWEALTH OF VIRGINIA
COUNTY OF F_re�t G�_ : SS:
On this the � day of��_ 2013, before me, a Notary Public, the
undersigned officer, personally appeared B �NDA D.JOHNSON, 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, 1 hereunto set my hand and official seal.
Not y Public
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tht WITNESS WHEREC}F, t have hereunto set my hand and seai this��y of
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WITN S:
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TARA NELSON-SHRAUDBR, Bene6ciary
CdMMbNWEA[.TH OF PENNSYLVANIA .
SS:
COUNTY OF �un���Ianr� .
On this the r�R� day of �5`u�'� , 2013, before me> a Notary Public, the
undersigned officer, persanally appeared TARA NELSdN-SHRAUbER, known ro me or
satisfactority proven to be the person whase name is subscribed to the within instrument, znd
acknowledged that she exacuted the same far the purposes therein contained.
tN WiT'NESS WHEREOF, 1 hereunto set my hand and pfficial seal.
1V ary Publ�ic
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LYNNE M.FANTA8KE1;NoOery Pupyo
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IN WI7'NESS WHEREOF, I have hereunto set my hand and seal this (�'l�iay of
_„��, 2013.
WIT S;
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- TO A MAC A , Benefsciary
CdMMONWEALTH OF PENIVSYLVANIA .
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COUNTY OF ��-p�c�la�� .
On this the .,�.-�, day of 1,.s T , 2413, before me, a Notary Public, the
undersigned o�cer,personally agpeared TONY MACLAY,knawn ta me or satisfactorily proven
to be the person whose name is subscribed to the within instrument, and acknawiedged that she
executed the same for the purposes therein contained.
IN WITNESS W�-lEREOF. I hereunto set my hand and official seal.
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f� �,,�IN��W� ITNESS WHEREOF, I have hereunto set my hand and seal this �day of
�l�,l� , 2013.
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WITNESS:
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ERIKA NELSON, Beneficiary
COMMONWEALTH OF VIRGINIA
COUNTY OF AI2ltdndr(p� : SS:
On this the �_ day of���5�- , 2013, before me, a Notary Public, the
undersigned officer,personally appeazed ERIKA NELSON,known to me or satisfactoril
be the person whose name is subscribed to the within instrument, and acknowledgedpthat she
executed the same for the purposes therein contained.
[N WiTNESS WHEREOF, 1 hereunto set my hand and official seal.
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Notary Public
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[N WI?NESS WHEREOF, t have hereunto set my hand and seal this�day of
�gG��, 2013.
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WITNESS:
' �� � F "�""= , U1.C�0 '—
Q„{�(� AND�RE�� NELSON, Beneficiary
COMMONWEALTH OF PENNSYLVANIA .
SS:
COLJNTY OF (�_t��p�4,,� .
On this the � day of , 2013, before me, a Notazy Public, the
undersigned officer,personally appeazed AN +A NELSON,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.
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NOTARIAI�EAI
MOROAN�ICMAMK,Nnury PuDllc
Cannaeo n,CumoynnnaCa+my N ary Public
2015
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ESTATE OF GILBERT W. PROBST
DATE OF DEATH DEATH FEBRUARY 19, 2013
SUMMARY STATEMENT OF ACCOUNT
ACCOUNTING PERIOD 2/19/2013-7126/2013
Assets - Schedule A $ 240,941.24
Disbursements - Schedule B $ (65,879.71)
Assets Available for Distribution $ 175,061.53
Distributions to Beneficiaries - Schedule C $ 172,561.53
Balance reserved for contingencies� $ 2,500.00
�The reserve balance will increase or decrease based on receipt of additional
assets/income, presentation of an obligation and/or payment of additional charges. The
reserve will be distributed to the residuary beneficiaries after applicable adjustments. After
final distribution is made, the residuary beneficiaries agree to reimburse the personal
representative if called upon to pay further liabilities of the decedent in the future.
7/31/2013 Exhibit A
ESTATE OF GILBERT W. PROBST
DATE OF DEATH
FEBRUARY 19, 2013
ASSETS
SCHEDULE A
VALUE AT
DESCRIPTION DATE OF DEATH
REAL PROPERTY
Real property located at 5 Chester Road, Enola PA 17025 $ 210,000.00
PERSONAL PROPERTY
2012 Subaru Outback $ 24,000.00
Sale of John Deere cart, chainsaw, soldering gun, tractor $ 3,970.00
REFUNDS
Reimbursement for counryltownship/school taxes; real property at 5 Chester Road $ 2,404.34
PremierEye Care; refund $ 176.00
Allstate; refund for policy changes $ 32.08
CVM; refund for online registration overcharge $ 5.00
Highmark; refund $ 270.40
Comcash refund $ 53.43
Allstate; premium refund $ 29.99
$ 240,941.24
7/30/2013
� �
ESTATE OF GILBERT W. PROBST
DISBURSEMENTS
3GHEdUIE B
C}ESCR1PTkON CATEGt7RY AML?UNT
Neill Funeral Home Funeral $ 7,478.42
Funerai luncheon Funeral $ 437.5Q
Cfergy fee Funerai $ 125.00
Gingrich Memorials; gravestone engraving Funeral $ 165.00
i Ftegister of Wiiis; pratsate fees Rdm $ 153.50
Register pf Wiiis; additionai probate fees Adm $ 265.00
Register of Wills; F�mily Settlement Agreement filing fee Adm $ 20.Ob
Cumberland Law Journal; legal advertising Adm $ 75.00
The Se�tinei; Iegai advertising Adm $ 214.76
Sovereign Bank; estate check fee Adm $ 14.99
Jonas A. Diffenbaugh; executor fee Adm $ 11,211.99
Jan l Brow�&Associates; legai fee Adm $ 11,876.08
Settiement charges; 5 Chester Road, Enola PA 17025 Adm $ 22,�29.90
American radon Adm $ 780.00
PPt;electric bi(I Rdm $ 523.43
PA American Water;water bilis Adm $ 114.52
Debbie Lubold, Tax Collector; property taxes Adm $ 678.88
East Pennsboro Tpwnship; seweNtresh bill Adm $ 141.57
ibis Appraisai; appraisai of 5 Chester Raad, Enola PA 17025 Adm 3 225.60
Allstate; hqmeowners insurance Adm $ 418.18
Amerigas; propane bill Adm $ 34.21
Masha Paskevich; hause eleani�g Adm $ 2Q0.44
Holy Spirit; outstanding medicai bili Debt $ 112.50
Debbie Lubold, Tax Collector; personal tax pebt $ 9.80
Register of Wiiis, Agent; inheritance taxes Tax $ 7,874.54
$ 65,$79.71
7/30/20t3
ESTATE OF GILBERT W. PROBST (
DATE OF DEATH
FEBFtUA12Y 19, 2013
DISTRBU710N5 TO SENEFlCtARiES
ACCORDING TO TERMS OF WILL DATED DECEMBER 29, 1977
SCHEDULE C
paniei G.Probst,aon, 113 residuary estate
79 BeaM Road, 8nola, PA 17025
Cash distribution on or after 8/1/13 $ 57,520.51
Brenda Q.Johnson,daughter, 1/3 residuary estate
9001 Southpointe Lane, Lorton,VA 22079
Gash distribution on or after 811113 $ 57,520.61
Tara Nelson-Shrauder, granddaughter, 1112 residuary estate
624 State Street,Lemoyne, PA 17043
Cash distribution an or after 8t1113 $ 14,380.12
Tonya Maclay,granddaughter, 1H2 residuary estate
9 N.Corporatlon Street,Newvilie,PA i7241
Cash distributipn on or after 8/1/13 $ 14,38�.13
Erika Neison,grn�ddaughter,1112 residuary estate
408 Cameron Station Blvd, Unit G8,Alexandria,YA 22384
Cash distribution on or after 8/1/13 $ 14,380.13
Andrea Neisan,granddaughter, 1t12 residuary estate
68 Faith Circle, Carlisle, PA 17013
Cesh distribution on or after 811113 $ 14,380.13
$172,561.53
$172,561.53
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7/31/2013