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Home My WebLink About02-27-14 (6) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHAN'S COURT DIVISION IN RE: Estate of David L. Gearhart Estate File No.: 21-11-0432 deceased PETITION FOR COURT APPROVAL OF CONVEYANCE OF DECEDENT'S REAL PROPERTY 1. Petitioner is Troy B. Long, Executor of the Estate of David L. Gearhart, n deceased. 2. Decedent died testate on February 26, 2011. 3. The aforesaid, Troy B. Long, was granted Letters Testamentary�en April 5� 2011. - 4. Pursuant to the Fifth paragraph of the Last Will and Testament of David L. Gearhart "I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed, whatsoever and wheresoever situated, unto my Trustee hereinafter named, IN TRUST, NEVERTHELESS to hold, manage and invest for the benefit of my daughter, namely, BARBARA ELLEN GEARHART, on the following terms and conditions: Subparagraph D. I authorize and empower my Trustee to retain in kind any real estate forming a part of the trust estate occupied by my daughter and to permit her continued occupancy thereof without payment of rent or of such other terms and conditions which the Trustee shall determine in his discretion." 5. Troy Long and Troy Long and Tammy Long, Guardians of Jared Long, individually and as trust beneficiary and contingent trust beneficiary, respectively, agree that Tracy M. Besselman, as Successor Trustee, in her sole and absolute discretion may sell the Real Property with the proceeds to be used exclusively for the benefit of Beneficiary. A true and correct copy of the Agreement and Mutual Release is attached hereto as Exhibit "A" and incorporated by reference. 6. The real property has a common level ratio value of $180,500.00. 7. Petitioner is the Executor of the Last Will and Testament of David L. Gearhart, deceased,. 8. Simultaneously herewith, Petitioner filed the First and Final Account of David L. Gearhart, as Executor. 9. Beneficiary, Barbara Ellen Gearhart, is on a fixed income receiving social security disability. 10. It had been the practice of decedent, David L. Gearhart to provide a home for his daughter for which he paid all expenses prior to his death. 11. Executor, Troy B. Long, avers that it is in the best interest of Barbara Ellen Gearhart and the intention of the decedent to permit Barbara Ellen Gearhart to continue to reside in said property as her home. 12. In the event there are no objections filed of record, the Executor respectfully request this Court enter an Order approving the conveyance of the real estate of Decedent as described aforesaid for the reasons stated herein. Respectfully Submitted by: JOHNSTON & ZAGURSKIE, PC Date: 2-1 1 By I~�1�2,y , Donis H. rskie 117 Main St., P.O. Box 0 Mifflin, PA 17058 (717) 436-8044 Attorney for Petitioner VERIFICATION I, Troy B. Long, as Executor of the Estate of David L. Gearhart, verify that the statements made in the attached Petition For Court Approval of Conveyance of Decedent's Real Property. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsifications to authorities. Date: zll$�z0� 2 .,Y. — Troy B. L nb g - Executor of the Estate of David L. Gearhart IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHAN'S COURT DIVISION IN RE: Estate of David L. Gearhart Estate File No.: 21-11-0432 deceased JOINDER We, the undersigned, being parties other than the petitioner beneficially interested in the estate of the foregoing decedent, do hereby certify that we have read the foregoing petition and join in the prayer thereof. Date: '77 ------- Tracy M. a elm an - Proposed Trustee for ar Ellen Gearhart, Beneficiary Date: ichard B. DrubyAftWney for Barbara Ellen Gearhart, Beneficiary and Tracey Besselman, Trustee Date: Barbara len Gearhart, Bene ' i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ORPHAN'S COURT DIVISION IN RE: Estate of David L. Gearhart Estate File No.: 21-11-0432 deceased CERTIFICATE OF SERVICE AND NOW, I, Donis H. Zagurskie, attorney for Petitioner in the above-captioned matter, hereby certify that I served a true and correct copy of the Petition For Court Approval of Conveyance of Decedent's Real Property relative to the above captioned matter by depositing a copy thereof in the United States mail, regular First Class Mail at Mifflin, Pennsylvania, addressed to the following persons and the following addresses: Richard B. Druby Nestico Druby, P.C. 1135 East Chocolate Avenue Suite 300 Hershey, PA 17033 Barbara Ellen Gearhart 11 Fieldcrest Drive Mechanisburg, PA 17050 Respectfully Submitted by: JOHNSTON & ZAGURSKIE, PC Date: 7 i�ll� By [�VQU17 Donis H. urikie, Esq. 117 Main St., P.O. Box 0 Mifflin, PA 17068 (717) 436-8044 AGREEMENT AND MUTUAL RELEASE FOR TRUSTEE TO SELL CERTAIN REAL ESTATE FOR THE BENEFIT OF BARBARA ELLEN GEARHART This Agreement and Release is entered into by and among, Tracy M. Besselman, Successor Trustee of the David L. Gearhart, Sr. Testamentary Trust and Trustee/Guardian for Primary Beneficiary of the David L. Gearhart, Sr. Testamentary Trust, Barbara Ellen Gearhart; Troy Long, Executor and Beneficiary (Remainderman) of the Estate of David L. Gearhart, Sr.; and Troy Long and Tammy Long, Guardians of Jared Long, Contingent Beneficiary (Contingent Remainderman)of the David L. Gearhart, Sr. Testamentary Trust. RECITALS WHEREAS, the said David L. Gearhart, Sr., in his lifetime, became seized, in fee, of this certain parcel or piece of real estate, 11 Fieldcrest Drive, Silver Spring Township, Cumberland County, Pennsylvania(hereinafter the"Real Property"). WHEREAS, the said David L. Gearhart, Sr., died on or about February 26, 2011, having first prepared his Last Will and Testament dated January 3,2007. WHEREAS, said Last Will and Testament nominated his nephew, Troy Long, to be the Executor of said Last Will and Testament and Trustee of the testamentary trust created in said Last Will and Testament. WHEREAS, the said Troy Long wishes to resign as Trustee have said Tracy M. Besselman succeed as Successor Trustee. WHEREAS, Paragraph "FIFTH" of said Last Will and Testament devised the decedent's residual estate, which includes the premises described above, to his designated Trustee to be held in trust for the benefit of his daughter Barbara Ellen Gearhart, Primary Beneficiary. WHEREAS, Paragraph, "FIFTH". Section "E" of said Last Will and Testament provides that upon Barbara Ellen Gearhart's death, said trust shall be terminated and the remaining balance of which shall be distributed to his nephew Troy Long, in fee simple, if he is alive. If Troy Long is not alive, the balance of the trust shall be distributed unto Jared Long, in fee simple. WHEREAS, Troy Long and Troy Long and Tammy Long, Guardians of Jared Long, individually and as trust beneficiary and contingent trust beneficiary, respectively,desire to grant permission and consent to allow Tracy M. Besselman, as Successor Trustee, in her sole and absolute discretion, acting in the best interests of all named beneficiaries, to sell the Real Property, the proceeds of which would be added to the trust property and used exclusively for the benefit of Barbara Ellen Gearhart, as daughter and primary beneficiary of the David L. Gearhart, Sr. Testamentary Trust. WHEREAS, Troy Long and Troy Long and Tammy Long, Guardians of Jared Long, individually, and as trust beneficiary and contingent trust beneficiary, respectively, consent to the proposed sale of the Real Property. WHEREAS, Troy Long and Troy Long and Tammy Long, Guardians of Jared Long, individually, and as trust beneficiary and contingent trust beneficiary, respectively, acknowledge that this document is not a waiver of their interest in the residue of the testamentary trust otherwise set forth in said Last Will and Testament. AGREEMENT THEREFORE, in satisfaction of the recitals set forth above and acknowledging as sufficient consideration the mutual covenants to follow, and intending to be legally bound hereby, each party agrees as follows: 1. Troy Long and Troy Long and Tammy Long, Guardians of Jared Long, hereby consent to the sale of the Real Property, and release and forever discharge Tracy M. Besselman, as Successor Trustee, from any and all known or unknown claims, demands, obligations, liabilities. suits and causes of action whatsoever, which either has or may have as a result the sale of the Real Property. 2. It is represented that the Real Property has not been transferred or assigned to anyone prior to today. I It is understood and agreed that this consent and release shall be binding upon all parties, the respective heirs, representatives, successors and assigns of each. 4. It is understood and agreed that this consent and release supersedes any and all prior agreements, arrangements or understandings between the parties relating to the Testamentary Trust created in said Last Will and Testament. 5. The parties agree that there are no oral understandings, statements, promises, or inducements contrary to the terms of this agreement and release, and that this document may only be modified by written agreement signed by all parties. 6. It is understood and agreed that this release shall be governed by, construed and enforced in accordance with, and subject to,the laws of the Commonwealth of Pennsylvania. 7. It is understood and agreed that this release shall be executed in three (3) originals, each of which shall be deemed an original for all purposes. This instrument is executed by the parties on the dates indicated below. D Date: Tro Long, xecutor, Beneficiary and Guardian of Jared Long, Contingent Beneficiary _ Date: Tammy Long as ardian o Jared Long, Contingent Beneficiary _ Date: �� Tracyy selman, Successor Trustee and Trustee/Guaan of Barbara Ellen Gearhart Commonwealth of Pennsylvania County of C1-k-0\- This instrument was acknowledged before me on the day of a201 , by Troy Long. Notary Seal: t OMMONWEAIQ� e NN YLVANiA Rebecca B.Hess,Notary Public Mifflin Boro,Juniata County My Commission Expires Fab•17,2017 MEMBER,PENNSYLVANIA ABS0MATI0N OF NOTARIES Ota y Public ommonwealth of Pennsylvania County of Ct-D-\ ait�-1 This instrument was acknowledged before me on the day of r tt 4 28-t3;by Tammy Long. COMMONWEALTH OF PENNSYLVANIA Notary Seal: Notarial seal Rebecca B.Hess,Notary Public mmin Boro,Juniata County My Commission Expires Feb.17,2017 MEMBER,PENNSYLVANIA As50MT10N OF NOTARIES AO ublic Commonwealth of Pennsylvania County ofC Y�&t [QAL( This instrument was acknowledged before me on the day of odem , 2013, by Tracy A Bessehman. Notary Seal: 6rL�✓J fps. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Karyle L.Lindsay,Notary Public Upper Allen Twp.,Cumberland County My Com rdsslon Expires Feb.10,2015 MEMBER,PENNSYLVANM AS^.M'dA N Oc NOTARIES