HomeMy WebLinkAbout07-09-15 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: Orphan's Court Division
Estate of Walter J. Brashear,
c .,
East Pennsboro Township, No: MM
Cumberland County, Pennsylvania; -; � o
(Estate No: 21-1.3- ) Q
r..•. �„ M
Barry R. Simmons, Administrator
Petitioner f �, Co
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AMENDED PETITION FOR AUTHORIZATION OF RECEIPTf-A 711
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OF REAL ESTATE AND PROPERTY BY ADMINISTRATOR PURSUANT TO 20 '
PA.C.S. §3356
AND NOW.COMES, Barry R. Simmons, Administrator of the Estate of Walter J.
Brashear, by and through his attorneys, Salzmann Hughes, P.C., and petitions Your
Honorable Court, pursuant to the authority of 20 Pa. C.S.A. Section 3356, as follows:
1. Petitioner, Barry R. Simmons, is a sui juris adult with an address of 295
Pine Hill Extension, Enola, Cumberland County, Pennsylvania 17028. ("Petitioner").
2. Walter J. Brashear of 295 Pine Hill Extension, Enola, Pennsylvania 17028
died intestate on October 11, 2012, domiciliary of East Pennsboro Township,
Cumberland County, Pennsylvania. ("Decedent").
3. Petitioner is the administrator of the Estate of Decedent.
4. Petitioner was granted Letters of Administration from the Register of Wills
in and for Cumberland County, Pennsylvania on January 9, 2012.
5. The Estate of Decedent is docketed as File Number 21-13-0027 in the
Office of the Register of Wills in and for Cumberland County, Pennsylvania.
6. The real property subject to this petition is the real property known and
numbered as 295 Pine Hill Extension, Enola, Pennsylvania 17028, also known as Parcel
Tax ID # 09-12-2988-00172, and as more fully particularly described in that Deed dated
December 6, 1983 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book "S" 35, Page 172 ("Real Property"). A
true and correct copy of the Deed is attached hereto as Exhibit "A" and incorporated
herein by reference.
7. The deed for the Real Property lists Decedent and Petitioner as Co-Partners
of Brashear Farms. See Exhibit "A".
8. Decedent and Petitioner operated a partnership on the Real Property, which
said partnership included certain farm equipment. ("Farm Equipment").
9. The beneficiaries of the Estate are as follows:
A. Barry Simmons;
B. Ross Brashear;
C. Donald Brashear;
D. Orian Brashear;
E. Estate of Marian Shoemaker, by and through her Administratix,
Winifred K. Hinkley;
F. Chester Yeager;
G. Charles Yeager, II; and
H. Walter Yeager.
10. The beneficiaries of the Estate entered into a Family Settlement Plan dated
August 6, 2014. A true and correct copy of the Family Settlement Plan is attached hereto
as Exhibit `B" and incorporated herein by reference.
11. Pursuant to Paragraph 1 of the Family Settlement Agreement, the
Beneficiaries consented to the conveyance of the Decedent's interest in the Farm [herein
referred as to the Real Property] and equipment located thereon [herein referred to as the
Farm Equipment] to Barry Simmons... See Exhibit "B".
12. 20 Pa.C.S.A. §3356 entitled "Purchase by personal representative" provides
in pertinent part as follows:
"...the personal representative, in his individual capacity may ... take by
exchange, real or personal property of the estate, subject, however, to
the approval of the court, and under such terms and conditions and after
such reasonable notice to parties in interest as it shall direct. The court may
make an order directing a co-fiduciary, if any, or the court's clerk to
execute a deed or other appropriate instrument to the purchasing personal
representative." (Emphasis added.)
13. Pursuant to 20 Pa.C.S.A. § 3356 and in accordance with the Family
Settlement Plan, Petitioner respectfully requests that this Honorable Court enter a Decree
directing the Lisa M. Grayson, Esquire, Register of Wills and Clerk of Orphans' Court
and Barry R. Simmons, Administrator of the Estate of Walter J. Brashear to execute a
deed substantially in the form and substance attached to this Petition as Exhibit "C" and
incorporated herein together with the Farm Equipment being transferred and distributed
to Petitioner.
Respectfully Submitted,
SALZMANN HUGHES, P. C.
�1
George f. Douglas, III, 9squire
PA ID # 61886
Jason E. Kelso, Esq.
PA ID # 209107
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: Orphan's Court Division
Estate of Walter J. Brashear,
East Pennsboro Township, No:
Cumberland County, Pennsylvania;
(Estate No: 21-13-0027)
Barry R. Simmons, Administrator
Petitioner
VERIFICATION
Barry R. Simmons hereby states that he is the Petitioner in this action and verifies that the
.statements contained herein are true and correct to the best of his knowledge, information and
belief. The undersigned understands that the statements therein are made subject to the penalties
of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities.
Date:
B arry . S inimo
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: Orphan's Court Division
Estate of Walter J. Brashear,
East Pennsboro Township, No:
Cumberland County, Pennsylvania;
(Estate No: 21-13-0027)
Barry R. Simmons, Administrator
Petitioner
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Amended Petition To Purchase Real Estate
and Personal Property By Personal Representative Pursuant to 20 Pa. C.S.A. § 3356, filed in the
above-captioned case, was served by first-class mail to each of the following:
Barry Simmons
295 South Pine Hill Road, Ext.
Enola, PA 17025
Donald Brashear
42 Sherwood Drive
Carlisle, PA 17015
Orian Brashear
1105 Valley Road
Enola, PA 17025
Ross Brashear
1090 Valley Road
Enola, PA 17025
Marian Shoemaker Estate
c/o Winifred Hinkley, Admin.
200 Townsend Drive
Hummelstown, PA 17036
Chester W. Yeager
954 Valley Road
Enola, PA 17025
Charles Yeager, II
112 Mill Road
Shermans Dale, PA 17090
Walter Yeager
274 Hickory Road
Reading, PA 19607
David H. Stone, Esq.
Stone, LaFaver& Shekletski
414 Bridge Street
New Cumberland, PA 17070
DATE: �.
Respectfully Submitted,
By:
George F. Douglas, 11f, Esq.
RECORDATION REQUESTED BY:
James D. Hughes, Esquire
354 Alexander Spring Road, Suite 1
Carlisle,PA 17015
(717)249-6333
WHEN RECORDED MAIL TO:
Salzmann Hughes,PC
354 Alexander Spring Road, Suite 1
Carlisle,PA 17015
TAX PARCEL NO.09-12-2988-001 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
Fiduciary Deed
MADE this day of , 2015
Between:
THE ESTATE OF WALTER J. BRASHEAR, by the Register of Wills, Lisa M.
Grayson, and the Administrator, BARRY R. SIMMONS, late of East Pennsboro
Township, Cumberland County, Pennsylvania and BARRY SIMMONS, adult
individual and Partner of Brashear Farms, of East Pennsboro Township, Cumberland
County, Pennsylvania;
GRANTORS
And:
BARRY R. SIMMONS, adult individual, of East Pennsboro Township, Cumberland
County, Pennsylvania;
GRANTEE
WHEREAS Walter J. Brashear died October 11, 2012, intestate seized of certain
land situate in East Pennsboro Township, Cumberland County, Pennsylvania; and
WHEREAS the Estate of the said Walter J. Brashear, was duly probated in the
Office of the Register of Wills in and for Cumberland County, Pennsylvania, on January
9, 2013, and Letters of Administration were granted to Barry R. Simmons, the above
named Administrator to #21-13-0027; and
A
WHEREAS Section 3356 of the Probate, Estates and Fiduciaries Code (20 PS.
3356) reads in pertinent part that "...the personal representative, in his individual
capacity may ... take by exchange, real or personal property of the estate, subject,
however, to the approval of the court, and under such terms and conditions and after
such reasonable notice to parties in interest as it shall direct. The court may make an
order directing a co-fiduciary, if any, or the court's clerk to execute a deed..."; and
WHEREAS the beneficiaries of the Estate of Walter J. Brashear join in this Deed
to consent to the conveyance of the real estate set forth hereto to the Grantee; and
WHEREAS, in accordance with the Family Settlement Agreement dated August
6, 2014, Barry Simmons, Administrator filed a Petition to Receive the hereinafter
described premises with the approval of the Court with the Court of Common Pleas in
and for Cumberland County, Pennsylvania - Orphans Court Division at Docket No.
; and
WHEREAS, the Court, at Orphans Court Docket # , entered an Order of Court
dated directing the Court of Clerk and Barry Simmons, Administrator of the
Estate of Walter Brashear to execute this Deed.
WHEREAS the said Administrator was not required to file any bond to secure
faithful performance of his duties.
NOW THIS INDENTURE WITNESSETH that the Register of Wills and Barry R.
Simmons, Administrator of the Estate of Walter J. Brashear, deceased, and Barry R.
Simmons, for and in consideration of the sum of ONE and 00/100 Dollar ($1.00) in
lawful money of the United States, to them in hand paid by the said GRANTEE at and
before the sealing and delivery hereof, the receipt whereof is hereby acknowledged they
have granted, bargained, sold, aliened, released and confirmed, and by these presents
do grant, bargain, sell, alien,release and confirm unto the said GRANTEE, his heirs and
assigns:
ALL THAT CERTAIN farm or tract of land situate in the Township of East
Pennsboro, County of Cumberland, and Commonwealth of Pennsylvania, bounded and
described as follows:
BEGINNING at a stone at corner of land now or late of Jacob Renninger Estate;
thence along the line of land now or late of Renninger Estate North 64 degrees 30
minutes East 92.4 perches to a White Oak stump; thence along the line of land now or
late of David Stouffer Heirs South 71 degrees East 47 perches to a Maple; thence along
2
the line of land now or late of F. Roth South 06 degrees East 74.6 perches to a stake;
thence along the line of land now or late of James Jamison South 03 degrees 30 minutes
West 57 perches to a post; thence along the line of land, now or late of James Jamison
North 85 degrees West 64.7 perches to an Elm, near a Beech; thence along the line of
lands now or late of Jos. Blust and along a run as follows: South 86 degrees 15 minutes
West 14 perches; North 50 degrees West 19.5 perches; North 43 degrees West 16
perches; North 65 degrees 30 minutes West 16.8 perches; North 81 degrees West 23
perches to a stake at the run above mentioned; thence along the line of land now or late
of Albert Stine North 09 degrees East 67.6 perches to a stone, the place of BEGINNING.
BEING the same property which Walter Brashear, Barry Simmons and Emma
Brashear Yeager, Executors of the Estate of Gertrude Brashear Simmons and Walter
Brashear, Barry Simmons, Emma Brashear Yeager, Ross Brashear, Donald Brashear and
Orian Brashear, individually, by their Deed dated December 6, 1983, and recorded on
June 8, 1992 in Cumberland County Recorder of Deeds Book "S", Volume 35, Page 172,
granted and conveyed unto Barry Simmons and Walter Brashear, as Co-Partners
t/d/b/a Brashear Farms, a Partnership.
UNDER AND SUBJECT, NEVERTHELESS, to conditions, restrictions and
easements of prior record pertaining to said premises.
UNDER AND SUBJECT to any existing covenants, easements, encroachments,
conditions, restrictions, notations and agreements affecting the property, visible or of
record.
TOGETHER with all and singular ways, waters, water-courses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in
anywise appertaining, and the reversions and remainders, rents, issues and profits
thereof; and also, all the estate right, title, interest, use trust, property, possession, claim
and demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the
same.
TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted
and released, or mentioned and intended so to be, with the appurtenances, unto the
said GRANTEE and his heirs and assigns, to and for the only proper use and behoof of
the said GRANTEE his heirs and assigns, forever.
3
AND the said Barry R. Simmons, Administrator of the Estate of Walter J.
Brashear, deceased, and Barry R. Simmons, Ross Brashear, Donald Brashear, Orian
Brashear, Marian Shoemaker, Chester Yeager, Charles Yeager and Walter Yeager, Jr.,
individually, covenant, promise, and agree to and with the said GRANTEE his heirs
and assigns, by these presents, that they, the said GRANTORS have not done,
committed, knowingly or willingly suffered to be done or committed, any act, matter or
thing whatsoever whereby the premises hereby granted, or any part thereof, is, are,
shall or may be impeached, charged or encumbered, in title, charge, estate, or otherwise
howsoever.
WITNESS the due execution hereof the day,month and year first above written.
Signed, Sealed and Delivered
in the Presence of:
BARRY R. SIMMONS, Administrator
of the Estate of Walter J. Brashear
BARRY SIMMONS, Individually and
As Partner of Brashear Farms
LISA M. GRAYSON, Register of Wills
COMMONWEALTH OF PENNSYLVANIA )
4
ss
COUNTY OF CUMBERLAND )
On this, the day of , 2015 before me, the undersigned
officer, personally appeared BARRY SIMMONS, Administrator for the Estate of
Walter J. Brashear, formerly Partner of Brashear Farms, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed same as for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA )
ss
COUNTY OF CUMBERLAND )
On this, the day of , 2015 before me, the undersigned
officer, personally appeared BARRY SIMMONS, individually and as Partner of
Brashear Farms, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he executed same as for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF PENNSYLVANIA )
5
ss
COUNTY OF CUMBERLAND )
On this, the day of , 2015 before me, the undersigned
officer, personally appeared LISA M. GRAYSON, Register of Wills, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed same as for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
I do hereby certify that the precise residence and complete post office address of the
within named Grantee is:
Date
Attorney for
SALZMANN HUGHES PC
Attorneys
6
FAMILY SETTLEMENT AGREEMENT
THIS FAMILY SETTLEMENT AGREEMENT is entered into as of the day
of Gluicti-c�Sl� , 2014, by and among Barry R. Simmons, Administrator of the
Estate of Walter J. Brashear, (sometimes referred to as ""Administrator"), and the intestate
beneficiaries of the Decedent, listed as follows: Ross Brashear, Barry R. Simmons, Donald
Brashear, Orian Brashear, Estate of Marian Shoemaker, by and through her Administratix,
Winifred K. Hinkley, Chester Yeager, Charles Yeager II, and Walter Yeager, all of whom are
beneficiaries (sometimes referred to as the `Beneficiaries" or individually as "Beneficiary") of
the Estate of Walter J. Brashear, under the Intestate laws of the Commonwealth of Pennsylvania.
WITNESSETH:
WHEREAS, Decedent died intestate on October 11, 2012, domiciled in East Pennsboro
Township, Cumberland County, Pennsylvania; and
WHEREAS,the Estate of Walter J. Brashear is known as File Number 21-13-0027 in the
Office of the Register of Wills in and for Cumberland County; and
WHEREAS, the Register of Wills in and for Cumberland County within the
Commonwealth of Pennsylvania, granted Letters of Administration to Barry R. Simmons on
January 9, 2012; and
WHEREAS, the Decedent was a partner in the partnership known as Brashear Farms
which consists of approximately 74.51 acres of real estate located at 295 Pine Hill Extension,
Enola, Pennsylvania 17028, also known as Parcel Tax Identification Number 09-12-2988-00172,
and all buildings, improvements and equipment located thereon (collectively referred to as the
"Farm"); and
EXHIBIT.
WHEREAS, the Decedent owned interests in two parcels of land; a vacant parcel
consisting of 2.03 acres on Valley Road, Enola, Pennsylvania ("Valley Road Property") with a
fair market value of$59,073.00, when applying the applicable Common Level Ratio to the most
recent tax assessment of Cumberland County; and a land-locked vacant parcel consisting of 9.44
acres located at Pine Hill Road Extended, Enola, Pennsylvania, ("Pine Fields"), with a fair
market value of $78,418.84, when applying the applicable Common Level Ratio to the most
recent tax assessment in Cumberland County; and
WHEREAS, the Administrator has received an offer for the purchase of both the Pine
Fields, and the Valley Road Property in the total amount of$137,491.84; and
WHEREAS,the offer to purchase is from Chester Yeager; and
WHEREAS, Beneficiary Barry R. Simmons, in an effort to complete the estate's
administration, is willing to forego any cash distribution from the estate, contingent upon the
conveyance of any and all of Decedent's interest in the Farm, and equipment thereon, by reason
of the partnership known as Brashear Farms to Beneficiary Barry R. Simmons; and
WHEREAS, Beneficiary Barry R. Simmons is willing to forego any reimbursement of
the $5,000.00 he paid for the Decedent's funeral, and he will forego any Administrator fees; and
WHEREAS, the estate of the Decedent, less any and all interests in the Farm and
equipment thereon, will be distributed between Ross Brashear, Donald Brashear, Orian Brashear,
Estate of Marian Shoemaker, Chester Yeager, Charles Yeager II, and Walter Yeager in their
proportionate share allowed by law.
NOW THE, WITNESSETH, in consideration of the foregoing and intending
to be legally bound thereby, the parties hereto agree as follows:
1. All beneficiaries hereby consent to the conveyance of the Decedent's interest in
the Farm and equipment located thereon to Barry R. Simmons and further agree to
execute the necessary documents to effectuate the conveyance of the Decedent's
partnership interest in Brashear Farms to Barry R. Simmons, including but not
limited to signing a deed.
2. Upon execution hereof, all Beneficiaries hereby consent to the sale of the above-
referenced Pine Fields and Valley Road Property to the Buyer, Chester Yeager,
free and clear of any liens or encumbrances including,but not limited to, any back
taxes.,judgments, federal tax liens, current taxes, rents,water and sewer rents, and
any lienable municipal services that may be due at the time of the transfer,
excepting any existing covenants, rights-of-way, easements, encroachments,
conditions, restrictions,notations and agreements affecting the property, visible or
of record. The Beneficiaries authorize and direct the Administrator Barry R.
Simmons to enter into the Agreement of Sale for the above referenced Pine Fields
and Valley Road Property, which is attached hereto as Exhibit "A" and
incorporated by reference. Further, the Beneficiaries direct and authorize the
Administrator Barry R, Simmons to sign any documents necessary to effectuate
the sale of the two aforementioned properties including but not limited to the
deeds, Further, the Beneficiaries agree to sign any documents necessary to
effectuate the sale of the two aforementioned properties.
3. As consideration for the Agreement herein and upon payment of all costs of the
Estate of Walter J. Brashear, and upon the receipt of the Final Appraisement from
the Pennsylvania Department of Revenue stating that the Pennsylvania
Inheritance tax has been paid in full, the Estate of Walter J. Brashear shall
distribute the liquidated assets after payment of any and all taxes, expenses, and
other costs of the Estate to Beneficiaries, Ross Brashear, Orian Brashear, Donald
Brashear, Estate of Marian Shoemaker, Chester Yeager, Charles Yeager II, and
Walter Yeager in accordance with the following allocations:
20 %Ross Brashear
20 % Orian Brashear
20 %Donald Brashear
20 %Estate of Marian Shoemaker
6.66 %Walter Yeager
6.66 % Chester Yeager
6.66 % Charles Yeager II
4. The paragraphs in this Agreement will be considered severable and if one
paragraph is considered unenforceable, the remaining paragraphs shall remain in
full force and effect.
5. As consideration for the Agreement herein and upon the conveyance of the Farm
and equipment located thereon, Beneficiary Barry R. Simmons does hereby
release any other interest he may have in the Estate of Walter J. Brashear,
including the real estate located at Pine Hill Road Extended, Enola, Pennsylvania
("Pine Fields"), and Valley Road, Enola, Pennsylvania, as owned by the
Decedent. This paragraph 5 does not apply to the conveyance of the Farm and
equipment located thereon to Barry R. Simmons, which said Farm and equipment
located thereon shall be conveyed to and placed in the name of Beneficiary Barry
R. Simmons.
6. Upon the fulfillment of all the terms, covenants, warrants and conditions herein,
the undersigned beneficiaries acknowledges that they, and their respective heirs,
personal representatives and issue, no longer have any rights or interest in the
property of the estate of Walter J. Brashear, and forever release, waive, and
relinquish any and all rights or claims of any kind, character or nature whatsoever,
which they may hereafter acquire to the property, assets or any other effects of the
Estate of Walter J. Brashear under the present or future laws of this or any other
jurisdiction.
7. By signing their name to this Agreement, the undersigned certify that they have
been represented and advised by counsel during the negotiation and development
of the terms and provisions contained herein. All parties certify that they
understand the terms and provisions contained herein and the affect they will have
on their individual rights, their heirs, and the rights of all those individuals
affected by this Agreement.
8. Upon the fulfillment of all the terms, covenants, warrants and conditions herein,
the beneficiaries do hereby remise, release, quitclaim and forever discharge the
Administrator, his heirs, successors and assigns, and the law firm of Salzmann
Hughes, P.C., of and from any and all liabilities, suits, actions, claims and
demands for and by reason of the foregoing distribution, waiver and assignment
or any other terms hereunder.
9. This Agreement may be signed in multiple counterparts with each part being
considered as a part of the original.
10. Time is of the essence.
11. The terms of this Agreement shall be interpreted and construed in accordance
with the laws of the Commonwealth of Pennsylvania.
12.All of the recitals stated above shall be deemed to be an integral part of this
Agreement and incorporated herein by this reference.
13.All of the provisions, terms, representations and warranties made under this
Agreement shall survive the conveyance of any deed for real property or death of
any party hereto.
14.This Agreement shall be binding upon and inure to the heirs, personal
representatives, issue of the parties hereto, their successor and assigns.
15.The undersigned further declare and represent that no promises, inducements, or
agreements not herein expressed have been made to any of the undersigned, and
that this Agreement contains the entire agreement between the parties hereto, and
the terms of this Agreement are contractual and not a mere recital.
16. All parties acknowledge, stipulate, and agree that all of them have been
represented in the negotiations for and in the preparation of this Agreement by
counsel of their own choosing, that each had an opportunity to request pertinent
documentation, that each of them has read this agreement and has had its contents
fully explained to them by their respective counsel, and, each is fully aware of the
contents of this Family Settlement Agreement and of its legal effect. The parties
acknowledge that Estate of Walter J. Brashear was represented by the office of
Salzmann Hughes, P.C. All of the parties acknowledge that all parties have been
fully advised by his or her own counsel as to all of the statutory or legal rights that
they are relinquishing by virtue of this Agreement.
17. This Agreement may be executed in one (1) or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same instrument. Any counterpart may be delivered by facsimile or by other
electronic format (i.e. "pdf'or"tif'), each of which shall have the same force and
effect as if bearing original signatures.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANIq
Ili' WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
WITNESS:
Ross Brashear
W
`} D nald Brashear
i
'an Brashear
Chester Yeager
6
Charles Yeager, lI
Walter Yeager
VBarry IVximmons
Estate ofMar& Shoemaker,by nd through
herAdministratrix Winifred K. Hinkley
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the day and year first above written.
WITNESS:
Ross Brashear
Donald Brashear
Orian-Brashear
Chester Yeager
Charles Yeager, II
Waltej� eager
Barry R. Simmons
Estate of Marian Shoemaker,by and through
her Administratrix.. Winifred K. Hinkley