HomeMy WebLinkAbout01-06-15 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-14-0586
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ESTATE OF DONALD D. WAGNER, SR., DECEASED
Late of Cumberland County, PA
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FAMILY SETTLEMENT AGREEMENT AND RELEASE OF
MARY W. GRONKIEWICZ, EXECUTRIX
Date of Death: January 5, 2014
Letters Granted: June 19, 2014
First Complete Advertisement of Grant of Letters: July 18, 2014
Account stated to January 2, 2015
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John C Oszustowicz Esq.
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C-') _ ::V t. 104 South Hanover Street
r— L`- �' Carlisle PA 17013
(717) 243-7437
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AGREEMENT TO INDEMNIFY, RECEIPT, AND RELEASE
THIS AGREEMENT, by and among Mary W. Gronkiewicz, Executrix of the Estate of
Donald D. Wagner, Sr., Deceased and Mary W. Gronkiewicz
WHEREAS, Donald D. Wagner, Sr. died January 5, 2014, testate, a resident of
Cumberland County, Pennsylvania; and
WHEREAS,the Last Will and Testament of Donald D. Wagner, Sr. dated March 28,
2000, was duly probated in the Office of the Register of Wills of Cumberland County,
Pennsylvania as appears of record at Number 21-14-0586 (a copy of the Will is attached hereto
and marked Exhibit A); and
WHEREAS, Letters Testamentary were issued to Mary W. Gronkiewicz on June 19,
2014; and
WHEREAS, said Executrix has duly administered the estate according to the laws of the
Commonwealth of Pennsylvania; and
WHEREAS, in ITEM THIRD of his will: Donald D. Wagner, Sr. gave, devised and
bequeathed all of his estate and property, whether real, mixed or personal, to which he was
entitled and to which he may ever become entitled,to his beloved Daughter, Mary Wagner
Gronkiewicz, absolutely.
WHEREAS, Mary W. Gronkiewicz , have been furnished with a complete listing of the
estate assets, receipts and disbursements; and
WHEREAS, it is the desire of the parties to this Agreement that final distribution of this
estate be accomplished without a formal accounting to the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, it being the desire of the parties to avoid the expense,
delay and publicity of a formal accounting.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
recited herein,the parties do agree as follows:
1. Mary W. Gronkiewicz , does hereby release and forever discharge Mary W. Gronkiewicz,
Executrix, from any and all liability which she had or may have or which may from time to
time arise in connection with her service as Executrix of the Estate of Donald D. Wagner, Sr.,
Deceased, and hereby authorize and request the Orphans' Court Division to charge the same
against her shares of said estate, and in consideration for said distribution, hereby agree to
refund any amounts so distributed which may be required to fully discharge any tax liability
of the estate, debts of the decedent, or administration expenses.
2. Each parry to this Agreement acknowledges that this Agreement shall be indexed and
recorded in the estate proceedings and that the terms hereof shall be binding upon their
respective heirs, successors, executrixes, administrators and assigns.
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
DATED this J day of Januot,Jan2015.
Witness Mary Gronkiewicz, Ex ut 'x
Witness Maryp. Gronkiewicz, BgfieAciary
E-'Xhibif 4%
LAST WILL AND TESTAMENT
OF
DONALD D. WAGNER, SR.
I, DONALD D. WAGNER, SR., of Baltimore City, of the State of Maryland, being
of sound and disposing mind, memory-and understanding, do hereby make, publish and declare this
instrument as and for my Last Will and Testament, hereby revoking any and all Wills, Codicils and
any other testamentary disposition that may have been heretofore made by me.
FIRST AND PRINCIPALLY: I commit my soul unto the Hands of the Almighty
God and my body to the earth to be decently buried in accordance with the rites of my Religion.
Sir SECOND: I direct my Personal Representative, hereinafter named, to pay all my just
debts and funeral expenses, which funeral expenses, including the cost of a suitable monument shall
be in such amount as my Personal Representative may consider proper, and without regard to any
statutory limitation thereon or necessity to apply to any Court for approval.
THIRD: I hereby give, devise and bequeath all of my estate and property, whether
real, mixed or personal, to wbia I.amnow lentitled and to which I may ever become entitled, to my
beloved Daughter, NUXY WAGNER GRONKIIEWICZ, absolutely. I do not intend that my
other children, namely: DONALD D. WAGNER, JR. or DAVID A. WAGNER, take any share
under this my Last Will and Testament if their sister survives me; however, it is my hope that their
sister will allow them use of my property as conveyed to her, as her discretion permits.
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FOURTH: If my beloved Daughter, MARY WAGNER GRONKIEWICZ, shall
predecease me, or if my said Daughter and I shall die simultaneously, or if my Daughter shall die
within thirty(30)days after the day of my death,then, I give,devise and bequeath:
(a) one-half (1/2) of my Estate to MARY WAGNER GRONKIEWICZ'S
Children, equally, to share and share alike, and
(b) one-half (1/2) of my Estate to DONALD D. WAGNER, JR.'S children,
1~ } equally, to share and share alike.
lam'M: In the event that-any of my Legatees through, ARY WAGNER
GRONKIEWICZ and/or any of my Legatees through DONALD D. WAGNER, JR., have not
attained the age of 18 years at the time distribution of my Estate, then I give, devise and bequeath
the share or shares of my Legatees through MARY WAGNER GRONKIEWICZ, under the age
of eighteen(18)years unto my son-in-law, BRUCE G RONKIEWICZ; as Trustee, in trust for the
following uses and trust purposes, and I give, devise and bequeath the share or shares of my
Legatees through DONALD D. WAGNER, JR, who are under the age of eighteen (18) years
unto DONALD D. WAGNER, JR., as Trustee for the following uses and trust purposes, and that
is to say:
Each respective Trustee is hereby authorized and empowered to pay over and expend for
cthe:benefit.of any of my.Legatees underthe'age of eighteen (18) years,.until each of said Legatees
shall reach the age of eighteen (18) years, such sum or sums of money out of the income and/or
principal of each of my respective Trust Estate as his sole and absolute discretion may deem
necessary or advisable for-the maintenance, support, health; general welfare and education,
provided, however, that the said payments of principal shall be treated as advancements and shall
diminish the share of each Trust Property of said Legatees under the age of eighteen(18).
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Each of my respective Trustees shall take, have, receive and hold all of the property in each
of my Trust Estates to invest and reinvest the same, change the investments from time to time,
collect the rents and revenues, incomes and profits therefrom, and after payment of all proper
charges and expenses incident to the said Trust, dispose of the net income therefrom and principal
thereof as provided herein above. My Trustees shall further have the power to borrow money and
to sell at public or private sale or sales, lease (whether or not the duration of such lease shall extend
beyond the duration of the Trust), hypothecate, pledge, mortgage, improve, subdivide, grant,
assign, convey, bargain, transfer, exchange and in any other manner, conditionally or absolutely, to
dispose of all or any part of the Trust Estate whenever and as often as the Trustees may deem it
advisable to so do, without obligation on the part of the purchaser of purchasers, or any other
person dealing with the Trustees to see to the application of the purchase money or other
consideration passing to the Trustees. Said Trustees shall also be authorized and empowered to
execute, acknowledge and transfer any and all instruments in writing, and to do any and all matters
and things necessary, required or advisable to be done in connection with the performance of the
Trustees' duties hereunder; it being my intention to give my Trustees the same powers that I had
during my lifetime over said Estate.
These respective Trust Estates shall cease as to each of my Legatees upon each of them
reaching the age of eighteen (18) years and I direct that the Trust Property of each of my Legatees
attaining the age of eighteen (18), as then constituted (including any accumulated, accrued and/or
undistributed income therefrom)be distributed to them, free and clear of any Trust, absolutely.
SIXTH: In the event that my grandchildren through my son DONALD D.
WAGNER, JR., whom I have been given custody over through the Circuit Court for Baltimore
City, namely: HENRY WAGNER and DONALD D. WAGNER, III, shall be under the age of
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edhteea (18) ym at the time of my dmA then, in that evem, I hereby nominate my dimer,
MARY WAGNER GRONKIEWICZ, to be the guardian of my said GRANDCHILDREN. In
the event that my daughter, MARY WAGNER GRONKIEWICZ, refuses to serve as guardian or
is unable to serve for any reason, then in the alternative and in her place and stead, I hereby appoint
my son-in-law, BRUCE GRONKIEWICZ, to be the guardian of my said GRANDCHILDREN.
EIGHTH: I nominate and appoint my beloved daughter, MARY WAGNER
GRONKIEWICZ, as my Personal Representative of this, my Last Will and Testament, to serve
without bond insofar as permitted by law, and I authorize and empower my. said Personal
Representative, for any reason deemed proper and sufficient by her, and in her sole discretion, to
sell any or all of my estate, real, mixed and/or personal, at either public or private sale or sales,
without the necessity for prior application to or subsequent approval of the Orphan's Court or any
other Court for so doing, and without the necessity for any purchaser or purchasers to see the
application of the purchase money. In the event that my beloved daughter, MARY WAGNER
GRONKIEWICZ, refuses to serve or is unable for any reason as my Personal Representative of
this Last Will and Testament; then I hereby appoint my beloved son-in-law, BRUCE
GRONKIEWICZ, to act as my Personal Representative in her place and stead.
IN TESTIMONY WHEREOF, I have hereunto set my name and affixed my seal
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this aY___Slay ofMARCH, 2000. _
ONALD D. WAGNER, S
SIGNED, SEALED, PUBLISHED and DECLARED, by the said, DONALD D.
WAGNER, SR., the above named Testator, as and for his Last Will and Testament, in the presence
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of us, who at his request,in his.presence and in the presence,of each other,-have hereunto subscribed
our names as witnesses; andwe;.the witnesses; do hereby attest that the;,Testator,.atrtie,,#Ma
execut on;:is of sognd�and-disposing mind,memory and understanding.
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