The URL can be used to link to this page

Home My WebLink About06-29-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION EST ATE OF WALTER BRUBAKER, DECEASED FILE NO. 2005-00118 FAMILY AGREEMENT AND FINAL RELEASE THIS AGREEMENT by and between JANET B. HAMILTON, as Executrix of the Estate ofW ALTER BRUBAKER, Deceased, and JANET B. HAMIL TON and DONNA J. ANDREWS, individually. WHEREAS, W ALTER BRUBAKER, late of East Pennsboro Township, Cumberland County, Pennsylvania, died testate on January 31,2005, having first made his Last Will and Testament dated February 6, 1981, which instrument was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2005-00118; WHEREAS, JANET LEONE HAMIL TON A/K/A JANET B. HAMIL TON has been duly appointed as Executrix of the Estate of Walter Brubaker, Deceased; and WHEREAS, the parties in interest under the Last Will and Testament of Walter Brubaker, Deceased, are: 1. Ruth F. Brubaker, wife 2. Watch Tower Bible and Tract Society of Pennsylvania, charity 3. Donald M. Knaby, grandson 4. Debra L. Mittiga, granddaughter 5. Shari Humbert, granddaughter 6. Christianna Andrews, granddaughter 7. Janet B. Hamilton, daughter 8. Donna J. Andrews, daughter Page 1 of 5 \:r WHEREAS, RUTH F. BRUBAKER is entitled to all of decedent's estate. However, the said Ruth F. Brubaker predeceased her husband and died on October 21, 1982, thereby making her interest null and void; WHEREAS, WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYL VANIA is entitled to a specific bequest of ONE THOUSAND DOLLARS ($1,000) and upon receipt thereof the beneficiary signed a Receipt and Release Agreement. Said Receipt and Release Agreement is attached hereto and made a part hereof and marked Exhibit B; WHEREAS, DONALD M. KNABY, DEBRA L. MITTIGA, SHARI HUMBERT AND CHRISTIANNA ANDREWS are each entitled to a specific bequest of TWO THOUSAND DOLLARS ($2,000) and upon receipt thereof each beneficiary signed a Receipt and Release Agreement. Said Receipt and Release Agreements are attached hereto and made a part hereof and marked Exhibits C, D, E and F; WHEREAS, JANET B. HAMIL TON and DONNA J. ANDREWS are entitled to equal shares of the residuary estate; WHEREAS, each ofthe 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, it is the desire of the parties to this Agreement that administration of this estate be completed and 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; Page 2 of5 WHEREAS, the parties to this Agreement each acknowledge to have received a proposed Schedule of Distribution attached hereto and marked as Exhibit A. NOW, THEREFORE, WITNESSETH, in consideration of the mutual promises, covenants and agreements recited herein, the parties do agree as follows: 1. JANET B. HAMILTON, Executrix, does hereby state that she has fully and faithfully discharged the duties of her office, and the Statement of Account (Exhibit A) is true and correct and fully discloses all significant transactions during the accounting period. She further states that all known claims against the Estate have been paid in full, and to the best of her knowledge there are no claims outstanding against the Estate and all taxes presently due from the Estate have been paid. 2. Each of the parties to this Agreement does hereby release and forever discharge the said Executrix, JANET B. HAMIL TON, her heirs, executors, administrators and assigns, JAN L. BROWN & ASSOCIATES, attorneys at law, and JAN L. BROWN, ESQUIRE from any and all liability which may from time to time arise in connection with their service as Executrix and Attorneys of the Estate of Walter Brubaker, Deceased. The parties do further agree to indemnify and hold them harmless from any and all liability which may arise against the estate from creditors or claimants. 3. Each of the parties does hereby acknowledge receipt of the assets described on the Schedule of Distribution attached hereto. Page 3 of5 4. Each of the parties 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, administrators and assigns. 5. Each of the parties do further agree with each other and the aforesaid Executrix that should any liability come due to the estate of the said decedent after the signing of this Agreement, each will contribute pro rata her 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 Executrix after the signing, sealing and delivery of this Agreement. 6. This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 28th day of June, 2005. WITNESS: YJr"/JtM / t ~zh cvJ; ~//ldO, fJ!rArVt); ~J~ DONNA J. ANDREWS, Beneficiary Page 4 of5 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the 28th day of June, 2005 before me, a Notary Public, the undersigned officer, personally appeared JANET B. HAMILTON and DONNA J. ANDREWS, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. {PfuLlo.. \(~ Notary Public NOTARIAL SEAL PAUlA It WHITE, NOTARY PU8UC toWER PAXTON TWP., DAUPHIN COUNTY MY COMMISSION EXPIRES APRIL 5 2001 Page 5 of5 r- Jh.tVN'~,~tt~'ry "[19 ,tT "'~''':~',ii'\l';J.~t 1t, ,~'t 't (, " ~ "I i 1 STATEMENT OF ACCOUNT OF THE ESTATE OF WALTER BRUBAKER DATE OF DEATH 1/31/2005 Personal Property (basis at death) Real estate: 509 W Cumberland Street PNC Bank CD 31200172393 PNC Bank CD 31600139235 PNC Bank CD 31000248523 PNC Bank Checking 51-4030-4156 Wachovia 10 I 0041726400 Wachovia CD 247412061002349 Wachovia CD 247412041002356 Ziegler Auction Co; household goods proceeds Reimbursements and refunds Total Probate Property $90,000.00 $22,401.61 $17,910.02 $4,186.79 $18,126.14 $263.04 $24,626.04 $11,441.69 $171.34 $627.33 Income earned since date of death Interest Interest withholding (PNC Bank) Total Income $310.56 -$0.16 Expenses Funeral expenses Attorney fee; Jan L. Brown & Associates Executrix fee; Janet B. Hamilton Administrative costs Debts of decedent Inheritance Tax Reserve* Total Expenses -$7,594.94 -$7,590.00 -$8,590.00 -$5,651.00 -$1,480.65 -$6,747.97 -$2,409.84 $189,754.00 $310.40 -$40,064.40 Net Assets Available for Distribution $150,000.00 6/2412005 Exhibit A, Page I DISTRIBUTION TO BENEFICIARIES ACCORDING TO TERMS OF LAST WILL AND TESTAMENT OF WALTER BRUBAKER Watch Tower Bible and Tract Society of Pennsylvania, charity Specific cash bequest $1,000.00 Donald M Knaby, grandson Specific cash bequest $2,000.00 Debra L Mittiga, granddaughter Specific cash bequest $2,000.00 Shari Humbert, granddaughter Specific cash bequest $2,000.00 Christianna Andrews, granddaughter Specific cash bequest $2,000.00 Janet B. Hamilton, daughter, one-halfresidue* Cash distribution $70,500.00 Donna J Andrews, daughter, one-halfresidue* Cash distribution $70,500.00 Total Distribution $150,000.00 *The reserve balance may increase or decrease based on receipt of additional assetslincome, presentation of an obligation and/or payment of additional charges. The reserve will be distributed equally between the residuary beneficiaries after payment of any additional obligations. 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. 6/24/2005 Exhibit A, Page 2 IN THE MATTER OF THE ESTATE OF WALTER BRUBAKER, Deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 2005-00118 RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, WALTER BRUBAKER during his lifetime executed a Last Will and Testament on February 6, 1981; and WHEREAS, pursuant to Item II, A. of the Last Will and Testament, the sum of One Thousand Dollars ($1,000.00) was specifically bequeathed to the undersigned, WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYL VANIA, with its Charitable Planning Office located at 100 Watchtower Drive, Patterson, NY 12563; and WHEREAS, WALTER BRUBAKER died on January 31, 2005, and Letters Testamentary were issued to JANET LEONE HAMIL TON, aka JANET B. HAMIL TON, on February 8, 2005. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA, acknowledges receipt of the sum of One Thousand Dollars ($1,000.00), which constitutes a specific distribution of the bequest to which it is entitled under the will of said decedent. In consideration of which payment WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYL VANIA does hereby forever release and discharge said Executrix of Page 1 of2 Exhibit B and from any and all claims by it for further accounts, payments or distribution concerning the said estate or arising out ofthe administration thereof. IN WITNESS WHEREOF, the beneficiary has executed this Release this 20th day of June , 2005, intending to be legally bound hereby. WATCH TOWER BIBLE AND TRACT SOCIETY OF PENNSYLVANIA By ~~ ~~ Name Greg y. Allen Associate General Counsel Title STATE OF NEW YORK ss: COUNTY OF [>UTNA(Vt On this the 2-D--t1n day of J IJne...- ,2005, before me, the undersigned representa~iye, personally appeared Gregory Allen, 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 and official seal. -1~'^T( (Ii ,~~ No PublIc Page 2 of2 KATHRYN L. QUANDT Notary Public, State of New York No. 4962648 Qualified in Putnam County .~Tlmission Expires Z.!lblo0 IN THE MATTER OF THE ESTATE OF WALTER BRUBAKER, Deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 2005-00118 RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, WALTER BRUBAKER during his lifetime executed a Last Will and Testament on February 6, 1981; and WHEREAS, pursuant to Item II, B. of the Last Will and Testament, the sum of Two Thousand Dollars ($2,000.00) was specifically bequeathed to the undersigned grandchild of decedent, DONALD M. KNABY, of3414 Canby Street, Harrisburg, Pennsylvania 17109; and WHEREAS, WALTER BRUBAKER died on January 31,2005, and Letters Testamentary were issued to JANET LEONE HAMIL TON, aka JANET B. HAMILTON, on February 8,2005. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, DONALD M. KNABY, acknowledges receipt of the sum of Two Thousand Dollars ($2,000.00), which constitutes a specific distribution of the bequest to which I am entitled under the will of said decedent In consideration of which payment I do hereby forever release and discharge said Executrix of and from any and all claims by me for further accounts, payments or distribution concerning the said estate or arising out of the administration thereof. Page 1 of2 Exhibit C IN WITNESS WHEREOF, I have executed this Release this It tit- day of ~ , 2005, intending to be legally bound hereby. ~~~~ DONALD M. KNABY (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the J f;J day of ~LI#e..... , 2005, before me, the undersigned officer, personally appeared DONALD M. KNABY, 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 and official seal. ;f~, III b-~IP.I~ otary Public NOTARIAL SEAl DONNA t-I. WIERMAN, Not~ry Public susquehalma Twp.,. Dauphm County My Commission Expires July 28. 2005 Page 2 of2 IN THE MATTER OF THE ESTATE OF WALTER BRUBAKER, Deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 2005-00118 RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, WALTER BRUBAKER during his lifetime executed a Last Will and Testament on February 6, 1981; and WHEREAS, pursuant to Item II, B. of the Last Will and Testament, the sum of Two Thousand Dollars ($2,000.00) was specifically bequeathed to the undersigned grandchild of decedent, DEBRA L. MITTIGA, of 107 Shell Street, #2, Harrisburg, Pennsylvania 17109; and WHEREAS, WALTER BRUBAKER died on January 31, 2005, and Letters Testamentary were issued to JANET LEONE HAMIL TON, aka JANET B. HAMIL TON, on February 8, 2005. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, DEBRA L. MITTIGA, acknowledges receipt ofthe sum of Two Thousand Dollars ($2,000.00), which constitutes a specific distribution ofthe bequest to which I am entitled under the will of said decedent. In consideration of which payment I do hereby forever release and discharge said Executrix of and from any and all claims by me for further accounts, payments or distribution concerning the said estate or arising out of the administration thereof. Page 1 of2 Exhibit 0 IN WITNESS WHEREOF, I have executed this Release this c:< 0 day of ~~ , 2005, intending to be legally bound hereby. DEB~~~ (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the Z 0 day of :J U-/J e- ,2005, before me, the undersigned officer, personally appeared DEBRA L. MITTIGA, 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. NOTARiAl SEAl PMJI.A It WHITE, NOTARY PUBLIC lOWER PAXTON TWr., DAUPHIN COUNtY ", COMMISSION EXPIRES APRIL 5 2008 iPcuJhlC ~ Notary Public Page 2 of2 IN THE MATTER OF THE ESTATE OF WALTER BRUBAKER, Deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 2005-00118 RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, WALTER BRUBAKER during his lifetime executed a Last Will and Testament on February 6, 1981; and WHEREAS, pursuant to Item n, B. of the Last Will and Testament, the sum of Two Thousand Dollars ($2,000.00) was specifically bequeathed to the undersigned grandchild of decedent, SHARI HUMBERT, of2012 Haddam Neck Court, Harrisburg, Pennsylvania 17110; and WHEREAS, WALTER BRUBAKER died on January 31, 2005, and Letters Testamentary were issued to JANET LEONE HAMILTON, aka JANET B. HAMILTON, on February 8,2005. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, SHARI HUMBERT, acknowledges receipt of the sum of Two Thousand Dollars ($2,000.00), which constitutes a specific distribution of the bequest to which I am entitled under the will of said decedent. In consideration of which payment I do hereby forever release and discharge said Executrix of and from any and all claims by me for further accounts, payments or distribution concerning the said estate or arising out of the administration thereof. Page 1 of2 Exhibit E IN WITNESS WHEREOF, I have executed this Release this ~ :;ll---- day of J'^-{;\....Q....- , 2005, intending to be legally bound hereby. (j;~.~~ ARI HUMBERT (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this the -' ~-tL day of T LUf\...L-' , 2005, before me, the undersigned officer, personally appeared SHARI HUMBERT, 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. COMMONWEALTH OF PENNSYlVANIA NOTARIAL SEAl JM:QUEllNE A. KElL'( NOTARY PUSLIC lDWER PAXI'ON TWP., DAUPHIN COUNlY MY COMMISSION EXPIRES DEC. 17. 2001 Page 2 of2 IN THE MATTER OF THE ESTATE OF WALTER BRUBAKER, Deceased : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 2005-00118 RECEIPT, RELEASE AND INDEMNIFICATION AGREEMENT WHEREAS, WALTER BRUBAKER during his lifetime executed a Last Will and Testament on February 6, 1981; and WHEREAS, pursuant to Item II, B. of the Last Will and Testament, the sum of Two Thousand Dollars ($2,000.00) was specifically bequeathed to the undersigned grandchild of decedent, CHRISTIANNA ANDREWS, of 1932 Daybreak Circle, Harrisburg, Pennsylvania 17110; and WHEREAS, WALTER BRUBAKER died on January 31, 2005, and Letters Testamentary were issued to JANET LEONE HAMIL TON, aka JANET B. HAMIL TON, on February 8, 2005. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that the undersigned, CHRISTIANNA ANDREWS, acknowledges receipt of the sum of Two Thousand Dollars ($2,000.00), which constitutes a specific distribution of the bequest to which I am entitled under the will of said decedent. In consideration of which payment I do hereby forever release and discharge said Executrix of and from any and all claims by me for further accounts, payments or distribution concerning the said estate or arising out of the administration thereof. Page 1 of2 Exhibit F IN WITNESS WHEREOF, I have executed this Release this t S-.J..41 day of J Ltn Q , 2005, intending to be legally bound hereby. CD (SEAL) COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN day of :J WJu ,2005, before me, the On this the /5 undersigned officer, personally appeared CHRISTIANNA ANDREWS, 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. COMMONWEALTH OF PENNSYlVANIA NOTARIAL SEAl JACQUELINE A. KElly' NOTARY PUBLIC lOWER PAXTON TWP., DAUPHIN COUNlY MY COMMISSION EXPIRES DEC. 17,2007 ~~~ ~.~ tary P blic Page 2 of2