HomeMy WebLinkAbout09-11-15 ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Estate of Lawrence G. Wigbels :
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Deceased : No. 21-13-1090 � �
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FAMILY SETTLEMENT AND FINAL RELEASE �� � ,`_, � ' .`;�
FOR , r_.. � ,�-�
ESTATE OF LAWRENCE G. WIGBELS, DECEASED l � ' �' ' }
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KNOW ALL MEN BY THESE PRESENT,that WHEREAS,Lavurence �? �-~ r,=;
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Wigbels late of Camp Hill, Cumberland County, Pennsylvania, deceased, died testara on -��
September 1, 2013;
WHEREAS, Letters Testamentary on the estate of the said decedent were duly
issued by the Register of Wills of Cumberland County, Pennsylvania, on October 29,
2013, naming Andrea W. Stewart and Jeffrey L. Wigbels as Co-Executors;
WHEREAS,the Co-Executors have gathered the assets of the estate of the
decedent and the assets consist of personal property and monies, with a total value of
$611,446.70 as set forth in Exhibit"A", which is a statement of account of said Co-
Executors, and which is attached hereto and made a part hereof, and marked as Exhibit
«A».
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WHEREAS,the debts and deductions, including the payment of inheritance tax
on the said estate,paid by the estate in the amount of$87,915.46 as set forth on Exhibit
"B-1" attached hereto and distributions to the beneficiaries paid by the estate in the
amount of$362,317.76 as set forth on Exhibit"B-2"; thereby leaving a balance for
distribution of$161,213.48 from which the Co-Executors will/has: (i) withhold $2,000.00
for payment of final attorney's fees, (ii)withhold $5,000.00 for payment of fiduciary
taxes and any other proper expenses or liabilities of the estate of which the Co-Executors
shall have received notice by that time, or which may otherwise be payable, and(iii)
distribute to the beneficiaries, in the proportion of their interests and without further
accounting, the balance then remaining of$154,213.48 available for distribution, as set
forth in the statement of the said Co-Executors, which is attached hereto and labeled
"Recapitulation". Such distribution will also include any funds received by the Co-
Executors subsequent to the date to which the attached Account is stated. Should any
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proper liabilities of the estate, whether for taxes or otherwise, arise or come to the
attention of the Co-Executors any of the other parties thereafter,the beneficiaries agree to
be jointly and severally liable thereof;
WHEREAS, in accordance with the decedent's Will, each beneficiary, Andrea
Wigbels Stewart, Jeffrey Lawrence Wigbels, Lynette Daryl Wigbels and Lawrence
Gerard Wigbels, III will each receive one fourth(1/4) of the decedent's interest in the
estate;
WHEREAS,the parties hereto agree that the remaining balance of the estate
assets shall be distributed as set forth in the Schedule of Distribution, a copy of which is
attached hereto as Exhibit"C" and made a part hereof, including distribution of all
legacies as therein set forth. Without intending to limit the rights or remedies of the Co-
Executors, the parties further agree to indemnify the Co-Executors and save them
harmless against all liability, loss, and expenses, including, but not limited to, costs and
counsel fees which they may incur, whether due to their negligence or otherwise, as a
result of making the above described distributions without a court audit;
NOW, THEREFORE,that we, Andrea Wigbels Stewart, Jeffrey Lawrence
Wigbels, Lynette Daryl Wigbels and Lawrence Gerard Wigbels, III, being all living issue
of the decedent, and being those persons entitled to inherit, do hereby each of us,
acknowledge that we have this day received from the aforesaid Co-Executors, in full
satisfaction and payment of all sum or sums of money, which amounts we have received
this day, and which amounts are in the amount set opposite our respective names in the
table and schedule of distribution in said statement attached hereto and marked Exhibit
«C».
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AND, each of us does hereby stipulate that in order to avoid the expense and time
involved in the filing of a formal account and schedule of distribution, we each agree that
no account is necessary and we do hereby agree that we do consent to distribution being
made without the filing of an account and schedule of distribution,the same to be with
the same force and effect as if they had been filed and confirmed by the Orphans' Court
Division of the Court of Common Pleas, Cumberland County, Pennsylvania.
THEREFORE, we and each of us, do hereby remise, release, quitclaim and
forever discharge the said Co-Executors, their heirs and assigns, of and from the said
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estate and from all actions, suits, payments, accounts, reckoning, claims, and demands
whatsoever for or by reason thereof; or for any other use, matter, cause, or thing
whatsoever, touching upon the estate of the said decedent, and each of us do further
hereby covenant and agree that should any liability come due to the estate of the said
decedent after the signing of this Agreement, we and each of us do hereby covenant and
agree with each other and the aforesaid Co-Executors,that we will contribute pro-rata,
our share of the estate to satisfy any and all claims, demands, suits, or causes of action
which may be successfully prosecuted against the said estate or the aforesaid Co-
Executors after the signing, sealing and delivery of this Family Settlement Agreement
and Final Release.
This Family Settlement Agreement and Final Release may be executed in any
number of counterparts and each such counterpart shall be deemed to be an original, but
all such counterparts together shall constitute but one Agreement
IN WITNESS WHEREOF we have hereunto set our hands and seal on this
�.�� day of , 2015.
WITNESS:
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Andrea Wigbels Ste rt
Jeffrey Lawrence Wigbels
Lynette Daryl Wigbels
Lawrence Gerard Wigbels,III
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STATE OF � �- :
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GOITNTY OF �'� :
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On this, the /� day of�, 2015, before me, a Notary Public, the
undersigned officer, personally appeared Andrea Wigbels Stewart, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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ary P i
YUNG H NGUYEN
NOTARY PUBLIC
REGISTRATION#7035131
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
APRIL 30, 2019
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estate and from all actions, suits,payments, accounts, reckoning, claims, and demands
whatsoever for or by reason thereof, or for any other use, matter, cause, or thing
whatsoever,touching upon the estate of the said decedent, and each of us do further
hereby covenant and agree that should any liability come due to the estate of the said
decedent after the signing of this Agreement, we and each of us do hereby covenant and
agree with each other and the aforesaid Co-Executors, that we will contribute pro-rata,
our share of the estate to satisfy any and all claims, demands, suits, or causes of action
which may be successfully prosecuted against the said estate or the aforesaid Co-
Executors after the signing, sealing and delivery of this Family Settlement Agreement
and Final Release.
This Family Settlement Agreement and Final Release may be executed in any
number of counterparts and each such counterpart shall be deemed to be an ariginal, but
all such counterparts together shall constitute but one Agreement
IN WITNESS WHEREOF we have hereunto set our hands and seal on this
� ��` � day of � , 2015.
WITNESS:
Andrea Wigbels Stewart
C�GI�� l.UL1'I,D��/►'�/ - cS�G,�.✓.�-�.�— Gr/ ' � •
� f rey Lawrence Wigbels
Lynette Daryl Wigbels
Lawrence Gerard Wigbels, III
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estate and from all actions, suits,paymerits; accounts,reckoning, claims, and demands
whatsoever for or by reason thereof, or for at�y other use, matter, cause, or thing
whatsoever,touching upon the estate of�he;�said decedent, and each of us do further
hereby covenant and agree that should any l�al�ility come due tci.tfie estate of the said
decedent after the signing of this Agreem�nt, we and each of us do hereby covenant and
agree with each other and the aforesaid Co-Executors,that we will contribute pro-rata,
our shaxe of the estate to satisfy any and'all�ycl�ims, demands, suits, or causes of action
which may be successfully prosecuted against the said estate or the aforesa.id Co-
Executors after the signing, sealing and delivery of this Famjly Settlement Agreement
and Einal Release.
This Family Settlement Agreement and Final Release may be executed in any
number of counterparts and each such counterpart shall be deemed to be an original,but
all such counterparts together shall constitute but one Agreement
�t�VITNESS�3'�E1tEOF we have hereunto set our hands and seal on this
,S day of ��l�- , 2015.
�I'i'l�ESS:
Andrea Wigbels Stewart
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%' ; ,� �,/ % �f ,��
" Jefffrey I.awrence�'Vigbels
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' `� � �,ynette Daryl Wigbe
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L,awrence Gea-ard Wigbels,III
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estate and from all actions, suits, payments, accounts, reckoning, claims, and demands
whatsoever for or by reason thereof, or for any other use, matter, cause, or thing
whatsoever, touching upon the estate of the said decedent, and each of us do further
hereby covenant and agree that should any liability come due to the estate of the said
decedent after the signing of this Agreement, we and each of us do hereby covenant and
agree with each other and the afaresaid Co-Executors, that we will contribute pro-rata,
our share of the estate to satisfy any and all claims, demands, suits, or causes of action
which may be successfully prosecuted against the said estate or the aforesaid Co-
Executors after the signing, sealing and delivery of this Family Settlement Agreement
ar_d Fin�.l Release.
This Family Settlement Agreement and Final Release may be executed in any
number of counterparts and each such counterpart shall be deemed to be an original, but
all such counterparts together shall constitute but one Agreement
IN WITNESS WHEREOF we have hereunto set our hands and seal on this
/3 t�. day of .� , 2015.
WITNESS:
Andrea Wigbels Stewart
Jeffrey Lawrence Wigbels
Lynette Daryl Wigbels
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Lawrence Gerard Wigbels, III
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On this, the�day of Q �f,U,S T , 2015, before me, a Notary Public, the
undersigned officer, personally appeared Jeffrey Lawrence Wigbels, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
C��
Notary Public
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STATE OF �� :
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COUNTY OF �/�,� {Z�AX �
On this,the $�'°' day of 5���3�, 2015,before me,a Notary Public, the
undersigned officer,personally appeared Lynette Daryl Wigbels, 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 purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my.hand and official seal.
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On this, the 1.3� day of st , 2015, before me, a Notary Public, the
undersigned officer, personally appeared Lawrence Gerard Wigbels, III, 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 purpose therein contained.
P�1 WTi IVESS WHEREOF, Ti nereunto set my hand and ofricial seal.
Notary Public
My Commission Expires June 21,2p16
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RECAPITULATION
Decedent's Assets $611,446.70
Decedent's Liabilities/Probate Expenses - $ 87,915.46
Distributions to Beneficiaries - $362,317.76
TOTAL AFTER DEDUCTIONS $161,213.48
Reserve held in Estate Account for payment
of remaining attorney's fees - $ 2,000.00
Reserve held in Estate Account for payment
of fiduciary taxes, misc. expenses - $ 5,000.00
AMOLTNT FOR DISTRIBUTION $154,213.48
8
Exhibit"A"
ASSETS
Estate checkin� and savin�s account at Wells Far�o
Date Pavee Amount
11/06/13 Opening Checking Deposit (Wells Fargo transfer) $ 55,000.00
11/06/13 Opening Savings Deposit (Wells Fargo transfer) $ 129,256.94
11/08/13 Deposit $ 108.11
11/25/13 Citizens Bank and Windstream deposit $ 22,932.80
11/29/13 Interest Checking $ 1.71
11/29/13 Interest Savings $ 41.43
12/04/13 Deposit $ 76.48
12/31/13 Interest Checking $ 1.69
12/31/13 Interest Savings $ 49.43
O1/13/14 Deposit $ 6,017.32
O1/31/14 Interest Checking $ 139
O1/31/14 Interest Savings $ 49.45
02/28/14 Interest Checking $ 1.24
02/28/14 Interest Savings $ 14.89
03/06/14 Wells Fargo CD proceeds -deposit $ 50,101.93
03/11/14 Deposit $ 4,607.40
03/31/14 Interest Checking $ 2.24
03/31/14 Interest Savings $ 42.02
04/30/14 Interest Checking $ 1.10
04/30/14 Interest Savings $ 47.89
OS/30/14 Interest Checking $ 1.00
OS/30/14 Interest Checking $ 49.50
06/30/14 Interest Checking $ .93
06/30/14 Interest Savings $ 18.10
07/31/14 Interest Checking $ .90
07/31/14 Interest Savings $ 11.01
08/29/14 Interest Checking $ .84
08/29/14 Interest Savings $ 11.00
09/29/14 Falcons Landing Refund deposit $ 1,000.00
09/30/14 Interest Checking $ .78
09/30/14 Interest Savings $ 10.65
10/31/14 Interest Checking $ .80
10/31/14 Interest Savings $ 11.01
11/28/14 Interest Checking $ .67
11/28/14 Interest Savings $ 10.66
12/15/14 Deposit—AFIE Refund $ 1,433.86
12/31/14 Interest Checking $ .46
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12/31/14 Interest Savings $ 11.01
Ol/30/15 Interest Checking $ .40
Ol/30/15 Interest Savings $ 11.01
02/27/15 Interest Checking $ .30
02/27/15 Interest Savings $ 9.94
03/20/15 Deposit—proceeds from sale of real estate $ 312,215.76
04/07/15 Deposit—insurance refund $ 1,162.05
OS/08/14 Deposit—escrow from sale of real estate $ 25,312.50
06/30/15 Interest Checking $ 6.55
07/16/15 Deposit—inheritance tax refund and PPL refund $ 1,799.55
TOTAL $611,446.70
10
Exhibit`B-1"
LIABILITIES/EXPENSES OF THE ESTATE
Estate checking account at Wells Far,�
Check# Date P� Amount
95 11/07/13 Randy Palmer $ 500.00
96 11/14/13 M & Z Carpet $ 1,900.00
1001 11/20/13 Jeffrey Wigbels $ 1,135.39
1002 11/20/13 Reager&Adler, PC $ 2,232.50
11/25/13 Register of Wills, Agent $23,500.00
1003 11/25/13 Alpine Tree Experts $ 370.00
1004 11/26/13 R.B. Palmer Construction $ 425.00
1005 11/27/13 Mumma's Appliance $ 1,696.00
1006 11/27/13 Reager&Adler, PC $ 1,272.30
12/04/13 ? $ 76.48
1007 12/04/13 PAWC $ 169.11
1008 12/09/13 Mattox Photography $ 679.15
1009 12/10/13 Randy Palmer $ 500.00
1010 12/11/13 UGI $ 76.48
1011 12/11/13 AFIInsurance $ 733.53
1012 12/12/13 UGI $ 139.18
1015 12/19/13 RB Palmer $ 6,260.00
1016 12/20/13 AFIInsurance $ 1,234.47
1014 12/20/13 Comcast $ 208.04
1013 12/20/13 Verizon $ 108.22
1018 12/27/13 Randy Palmer $ 500.00
1019 12/30/13 Lyn Wigbels $ 3,408.62
1017 12/30/13 PPL $ 183.96
1021 12/30/13 Comcast $ 112.90
1023 12/30/13 PAWC $ 43.18
1020 12/31/13 Reager&Adler, PC $ 867.50
1022 12/31/13 ADT Security $ 61.77
1026 O1/15/14 UGI $ 167.32
1027 O1/16/14 Reager&Adler, PC $ 380.00
1024 O 1/21/14 Hampden Township $ 15 S.OS
1028 O1/24/14 PPL $ 187.34
1030 O1/24/14 Comcast $ 77.44
1029 O1/27/14 ADT $ 30.99
1031 O1/30/14 Randy Palmer $ 500.00
1032 02/03/14 PAWC $ 41.39
1033 02/11/14 UGI $ 209.20
1034 02/20/14 M & Z Carpets $ 4,888.05
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1035 02/24/14 PPL $ 218.29
1036 02/25/14 Reager& Adler, PC $ 97.50
1038 02/27/14 R.B. Palmer Construction $ 1,032.31
1037 02/27/14 Randy Palmer $ 500.00
1040 03/04/14 Comcast $ 84.24
1039 03/OS/14 Michael Langan, Tax Collector $ 979.59
1041 03/OS/14 PAWC $ 50.33
1044 03/12/14 UGI $ 178.19
1043 03/13/14 ADT $ 30.99
1042 03/14/14 Verizon $ 3.13
1049 03/24/14 PPL $ 261.41
1052 03/31/14 Comcast $ 84.24
1053 03/31/14 PAWC $ 43.18
1054 04/O1/14 Reager& Adler, PC $ 80.00
1051 04/O1/14 ADT $ 30.99
1057 04/04/14 Randy Palmer $ 500.00
1050 04/04/14 R.B. Palmer $ 90.98
1056 04/08/14 Joel Dietrick $ 471.80
1058 04/09/14 Verizon $ 35.06
1062 04/10/14 McKonly & Asbury $ 1,350.00
1060 04/10/14 Pa. Dept. of Revenue $ 239.00
1059 04/11/14 Hampden Township $ 155.05
1063 04/15/14 UGI $ 128.61
1055 04/15/14 Joese Abbondanza $ 97.00
1064 04/18/14 Arcadian $ 367.29
1069 04/22/14 R. B. Palmer Construction $ 1,335.99
1068 04/22/14 Randy Palmer $ 500.00
1066 04/23/14 PPL $ 136.85
1065 04/24/14 Reager&Adler, PC $ 947.50
1067 04/25/14 ADT $ 30.99
1071 OS/07/14 PAWC $ 36.01
1070 OS/12/14 Verizon $ 35.08
1072 OS/14/14 Comcast $ 84.25
1073 OS/15/14 UGI $ 55.04
1075 OS/27/14 PPL $ 68.89
1061 OS/30/14 Cumberland County Tax Bureau $ 100.00
1076 06/03/14 Randy Palmer $ 500.00
1074 06/03/14 UGI $ 26.50
1078 06/10/14 PAWC $ 37.03
1077 06/11/14 ADT $ 30.99
1080 06/17/14 Reager&Adler, PC $ 140.00
1079 06/18/14 Verizon $ 35.07
1081 07/O1/14 UGI $ 18.02
1082 07/02/14 Randy Palmer $ 500.00
1084 07/09/14 Arcadian $ 212.00
1086 07/09/14 PPL $ 65.28
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1085 07/09/14 PAWC $ 39.08
1089 07/10/14 Verizon $ 35.07
1087 07/10/14 ADT $ 30.99
1083 07/11/14 Reager& Adler, PC $ 847.50
1088 07/16/14 Hampden Township $ 155.05
1090 07/28/14 UGI $ 12.64
07/29/14 Check Reorder $ 12.23
1121 08/04/14 PPL $ 68.66
1122 08/04/14 PAWC $ 46.23
1123 08/11/14 Arcadian $ 265.00
1124 08/12/14 Randy Palmer $ 500.00
1125 08/19/14 Verizon $ 35.47
1126 08/27/14 UGI $ 10.34
1127 08/29/14 PPL $ 56.70
1128 09/04/14 Randy Palmer $ 500.00
1130 09/08/14 PAWC $ 48.27
1131 09/09/14 ADT $ 61.98
1129 09/09/14 Arcadian $ 212.00
1133 09/23/14 UGI $ 11.47
1134 09/23/14 ADT $ 30.99
1132 09/23/14 Verizon $ 35.29
1135 09/26/14 Randy Palmer $ 500.00
1136 10/06/14 Arcadian $ 212.00
1138 10/07/14 PPL $ 53.44
1137 10/08/14 SDT $ 31.99
1141 10/17/14 UGI $ 12.49
1140 10/20/14 Verizon $ 35.29
1139 10/20/14 PAWC $ 35.22
1142 10/21/14 Hampden Township $ 155.05
1143 10/29/14 Reager & Adler, PC $ 200.00
1144 11/OS/14 Randy Palmer $ 500.00
1148 11/10/14 PPL $ 55.93
1149 11/12/14 Verizon $ 36.42
1146 11/13/14 UGI $ 26.36
1147 11/13/14 Penn American Water $ 35.78
1145 11/17/14 Arcadian Lawn Care $ 265.00
1150 11/19/14 Armed Forces Insurance $ 1,527.00
1092 11/21/14 PPL $ 55.67
1094 11/25/14 Reager&Adler $ 185.00
1093 11/25/14 Michael Langan $ 3,860.04
1095 11/26/14 ADT Security Service $ 30.99
1096 11/28/14 PAWC $ 36.01
1091 12/02/14 UGI $ 132.50
1097 12/OS/14 Randy Palmer $ 500.00
1100 12/09/14 Verizon $ 36.38
1098 12/12/14 Arcadian Lawn Care $ 159.00
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1101 12/16/14 UGI $ 144.30
1099 12/16/14 UGI $ 26.50
1104 12/17/14 Randy Palmer $ 268.67
1102 12/19/14 Reager & Adler $ 1,412.50
1105 12/19/14 Derrs Trash Hauling $ 550.00
1106 12/23/14 USPS $ 16.95
1103 12/23/14 Arcadian Lawn Care $ 244.86
1108 12/26/14 PAWC $ 36.01
1107 12/26/14 PPL $ 55.13
1109 O1/OS/15 ADT $ 33.78
1110 O1/13/15 Verizon $ 36.38
1111 O1/15/15 Hampden Township $ 160.75
1112 O1/16/15 UGI $ 148.98
1115 O1/29/15 PPL $ 59.07
1114 O1/30/15 ADT $ 33.78
1113 O1/30/15 UGI $ 26.50
1116 02/02/15 Randy Palmer $ 500.00
1117 02/OS/15 PAWC $ 36.00
1118 02/06/15 Verizon $ 36.76
1119 02/10/15 Reager&Adler $ 130.00
1151 02/13/15 Randy Palmer $ 500.00
1152 02/18/15 UGI $ 193.60
1120 02/19/15 Amer. Modern Relief $ 1,527.00
1154 02/25/15 PPL $ 53.22
1156 03/02/15 Penn Amer Water $ 36.00
1155 03/03/15 ADT $ 33.78
1153 03/04/15 UGI $ 26.50
1157 03/09/15 Randy Palmer $ 500.00
1159 03/10/15 Verizon $ 36.72
1158 03/12/15 UGI $ 26.50
1160 03/17/15 UGI $ 211.41
1162 03/24/15 Reager& Adler $ 160.00
1163 04/02/15 UGI $ 85.22
1164 04/02/15 PA American Water $ 3.27
1165 04/02/15 PPL $ 65.07
1170 04/17/15 Reager and Adler $ 1,525.00
1171 06/15/15 Reager&Adler, PC $ 247.50
TOTAL $ 87,915.46
14
Exhibit"B-2"
DISTRIBUTIONS
Check# Date Payee Amount
1045 03/17/14 Jeffrey Wigbels $ 12,525.50
1047 03/18/14 Lawrence Wigbels $ 12,525.50
1048 03/21/14 Andrea Stewart $ 12,525.50
1046 03/26/14 Lyn Wigbels $ 12,525.50
1166 04/09/15 Andrea Stewart $ 78,053.94
1167 04/10/15 Jeffrey Wigbels $ 78,053.94
1168 04/11/15 Lawrence Wigbels $ 78,053.94
1169 04/12/15 Lyn Wigbels $ 78,053.94
TOTAL DISTRIBUTIONS $362,317.76
15
Exhibit"C"
SCHEDULE OF DISTRIBUTION
Andrea Wigbels Stewart — A partial distribution of$12,525.50 was distributed in
March 2014. A partial distribution of$78,053.94 was distributed in Apri12015. The
sum of$38,553.37 which is his one-fourth share of the residual estate will be issued in
the form of a check from the Estate Checking Account.
Jeffrey Lawrence Wigbels — A partial distribution of$12,525.50 was distributed in
March 2014. A partial distribution of$78,053.94 was distributed in Apri12015. The
sum of$38,553.37 which is his one-fourth share of the residual estate will be issued in
the form of a check from the Estate Checking Account.
Lynette Daryl Wigbels —A partial distribution of$12,525.50 was distributed in March
2014. A partial distribution of$78,053.94 was distributed in Apri12015. The sum of
$38,553.37 which is his one-fourth share of the residual estate will be issued in the form
of a check from the Estate Checking Account.
Lawrence Gerard Wigbels,III—A partial distribution of$12,525.50 was distributed in
March 2014. A partial distribution of$78,053.94 was distributed in Apri12015. The
sum of$38,553.37 which is his one-fourth share of the residual estate will be issued in
the form of a check from the Estate Checking Account.
16