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HomeMy WebLinkAbout11-23-05 SAUL EWING LLP Paige Macdonald-Matthes, Esquire Kevin M. Scott, Esquire Supreme Court ID Nos. 66266 & 70322 Penn National Insurance Tower 2 North Second Street, 7th Floor Harrisburg, PA 17101 (717) 238-7675 Attorneys for Petitioner, Marcia M Hull IN RE: THE ESTATE of HERBERT L. HULL, Deceased IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANIA- ORPHAN'S COURT DIVISION MARCIA M. HULL, Petitioner DOCKET NO.: 2002-00515 v. LAWRENCE C. HULL, Personal Representative of the Estate of Herbert T. lIull, ~~ o~~ ~ Ej....lQ r' [E~~C55 00 <") ~- Q~N~~ ~~6d~ 8@GZ ~ ~~ 0 ~P::;g Respondent. PETITION FOR RULE TO SHOW CAUSE The Petition of Marcia M. Hull, beneficiary, for a Citation directed to Lawrence C. Hull, executor, to show cause, if any there be, why he should not be obliged to comply with the terms and conditions of the June 8, 2005, Family Settlement Agreement, and why he should not be ordered and directed to pay Petitioner's counsel fees and costs for his failure to comply with the terms of the Family Settlement Agreement, and in support thereof aver as follows: 1. Herbert L. Hull died testate on October 29,2001, a resident of Camp Hill, Cumberland County, Pennsylvania. 119393.1 11I21/05 2. Petitioner, Marcia M. Hull (hereinafter "Petitioner") is one of three children of Herbert L. Hull, deceased, each of whom is entitled to a one-third share of the residue of said Estate. A copy of the Will is attached hereto as Exhibit "A". 3. Respondent, Lawrence C. Hull (hereinafter "Respondent") was appointed Executor by Item X of the Will. 4. Whereas a series of disputes have arisen between the Heirs, being all residuary beneficiaries of the Estate of Herbert L. Hull. As a result of said disputes, and upon Joint Petition for the Appointment of an Auditor filed by Respondent and Tracy A. Hull, William A. Duncan, Esquire (hereinafter "Auditor") was appointed as Auditor in the above-captioned action pursuant to Orphan's Court Rule 8.1 et seq. on October 23,2003. 5. After several hearings conducted by the Auditor, the Heirs determined to end their disputes and to settle finally all litigation involving the Estate, to release the Executor, and to bring all matters relating to the administration of the Estate to a close by way of a Family Settlement Agreement dated June 8, 2005. A true and correct copy of the June 8, 2005, Family Settlement (hereinafter "Family Settlement Agreement") is attached hereto and is ~arked as Exhibit "B". 6. Pursuant to the terms of Paragraph 3(v) of the Family Settlement Agreement, immediately upon execution of the Agreement, the Estate and Respondent agreed to distribute the then remaining Estate principal between Petitioner, Tracy A. Hull and Responden~ in accordance with the terms of the Decedent's last will or as they otherwise agree. 119393.1 11121105 2 7. There are no other agreements between the Heirs other than that which is set forth in the Family Settlement Agreement. 8. Petitioner has elected to take in kind the Decedent's real estate known and numbered as 186 Lake Mead Drive, Lake Meade, East Berlin, Adams County, Pennsylvania (hereinafter "Lake Meade Property"), and has indicated her election in writing to the Respondent pursuant to Item V(B) of the Will. 9. The Lake Meade Property has already been appraised and a value thereof determined and fixed by an MIA appraiser selected by Respondent. The value of the Property was determined to be $158,000. 10. In addition to receiving the Lake Meade Property, Petitioner was also entitled to receive a cash payment in the sum of $45,000, pursuant to Item (V)(B) of the Will. 11. Despite repeated and numerous requests to transfer the Lake Meade Property to Petitioner, and for payment of the cash due to Petitioner, Respondent has refused and has otherwise failed to convey the Lake Meade Property to Petitioner or pay Petitioner the sum of $45,000, together with all interest due, in accordance with the terms of the Family Settlement Agreement. 12. At the time of execution, all Heirs agreed that the Family Settlement Agreement was fair and thus equity demands that Respondent abide by the provisions of the Family Settlement Agreement. 119393.1 11/21/05 3 WHEREFORE, Petitioner, Marcia M. Hull, respectfully requests that this Honorable Court to award a Citation directed to Lawrence C. Hull, executor, to appear and show cause, if any there be, why he should not to comply with the terms of the Family Settlement Agreement, and in particular paragraph 3(V) of the same, and why he should not be obligated to pay Petitioner counsel fees and costs as a result of his non-compliance with the Agreement. Respectfully submitted, ~~\..l...~~~~...~ Paige Macdonald-Matthes, Esquire Kevin M. Scott, Esquire Attorney ID Nos. 66266 & 70322 SAUL EWING LLP 2 North Second Street, 7th Floor Harrisburg, P A 1710 1 (717) 238-7675 Attorneys for Petitioner, Marcia H Hull Date: November 21,2005 119393.1 11121105 4 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, hereby certify that on this 21 st day of November, 2005, I served a true and correct copy of the foregoing Petition to Enforce Family Settlement Agreement via facsimile and U.S. First Class Mail upon the following: Scott M. Diner, Esquire 3117 Chestnut Street Camp Hill, PA 17011 (Counsel for Respondent) Thomas E. Flower, Esquire Saidis, Shuff, Flower & Lindsay 2109 Market Street Camp Hill, PA 17011 (Counsel for Tracy A. Hull) ~~~~~ Paige Macdonald-Matthes 119393.\ 11/21/05 " e. " . . ~. 21-02-515 LAST WILL AND TESTAMENT OF HERBERT L. HULL I, HERBERT L. HULL, now of 2820 Fairview Road, Camp H~ll, Pennsylvania, ~e~ng of sound and disposing m~nd, . memory and understanding, ~o hereby make, publish and declare tijis to be my Last Will and Testament, hereby revoking all othet Wills and Codicils previously made by me. ITEN I: I direct that payment of all my just debts, expenses of my last ~llness, funeral expenses, and the costs of admin~stering my estate from my estate as soon after my death as conveniently ma~ be done. ITEM II: I give and bequeath the sum of $10,000.00 to each of the following persons then living, namely, Marc~a Blowney, now of 383 Front Street, Owego, NY; Ruth Landrum, npw of 13410 Hedgley Place, Houston, Texas; Betty Klitzman, now olf 131 North Creek Drive, Norman, Oklahoma and Mavis Kirch, now oif 114 South Madison Street, waunakee, Wisconsin. ITEM III: I give, devise and bequeath to Margaret R. DeStefano, now of 304 April Drive, Camp Hill, pennsylvania, a life estate during one term of her natural l~fe ~n my hous$ and lot at 304 Apr~l Dr~ve, Camp Hill, Pennsylvania so long as she occupies it 1 -, .. . . as her principal residence. In the event 304 April Drive, Camp H11l, Pennsylvan1a is not occupied by Margaret R. DeStefano as her principal residence then her life estate in said house and lot term1nates and becomes null and void. ITEM IV: I give, devise and bequeath in trust to Lawrence C. Hull, Tracy A. Hull and MarcJ.a M. Hull, my three children, as Trustees, the sum of $175,000.00 for the fOllowJ.ng purposes, with the said Trustees to have the rJ.ght to hire the services of an attorney for legal advice: A. $25,000.00 to be set aside and placed in a certificate of deposit or savings account with any lendJ.ng institution chosen by my Trustees to be paid to NAOMI STAHLNECKER, now of Room 307, Roseview Home, 1251 Rural Avenue, willJ.amsport, Pennsylvania, in monthly payments of $1000.00 each for as long as she 11ves or until the funds including J.ncome are exhausted, provided nevertheless if she is not then living or dies before the funds are d1str1buted then all or the residue J.f any of these moneys to go equally to my above named three children. B. $50,000.00 to be placed in a certificate of deposit or savings account with any lending institution chosen by my Trustees tn be used for the general repa1rs and maintenance, taxes, insnrance and replacement of appliances for 304 April DrJ.ve, Camp Hill, PennsylvanJ.a, so long as it 1S occupJ.ed as the prJ.ncipal residence of Margaret R. DeStefano, and to pay 2 " . . for maintenance and repair to one car owned by Margaret R. DeStefano, prov1ded nevertheless if Margaret R. DeStefano 1S not then liv1ng or thereafter d1es then all or residue if any of these moneys shall go to my above three named children. c. $100,000.00 shall be placed in a certificate of deposit or savings account with any lending 1nstitution chosen by my said Trustees with $20,000.00 to be paid to Margaret R. DeStefano within nine (9) months from the date of my death and $20,000.00 annually thereafter on same date each year as date of first paYment until the moneys and income are consumed provided nevertheless that 1n the event Margaret R. DeStefano is not then living or dies before all the funds are d1stributed all or the remaining moneys if any sball be paid equally to my above three named children. ITEM V: I give, devise and bequeath all of the rest, residue and remainder of my estate, of every nature and wherever s1tuate, together w1th all insurance pol1cies thereon; into three equal shares with one share to go to Lawrence C. Hull, my son, w1th one share to go to Marcia M. Hull, my daughter with the remaining one share to go to Lawrence C. Hull and MarC1a M. Hull, my children, in trust for Tracy A. Hall, my son, which share shall include my housp. and lot on which it 1S erected and an adJoining lot situate and ~nown as 3095 Sandalwood Lane, T1tusville, Florida w~th value thereof to be charged to this share at value f1xed by an MIA appraisal for purposes and as here1nafter set forth, with sa1d 3 ... Lawrence C. Hull and MarC1a M. Hull having the right to elect in writing within 90 days of the date of my death to take in kind the following l1sted real estate and have deducted from his or her respective share the value of each as appraised valu. thereof as determined and f1xed by an MIA appra1ser and personal property as appraised by an auctioneer, to W1t: A. Lawrence C. Hull, my property on Highway 284, Jackson Township, Lycolning County, pennsylvania, near Buttonwood, pennsylvania, and all household furn1sh1ngs, appliances, equipment and tools as appraised by a local licensed auctioneer; B. Marcia M. Hull, my house and lot situate and known as 2820 Fairview Road, Camp Hill, Cumberland County, Pennsylvania and/or my house and lot at 186 Lake Meade Drive, Lake Meade, East Berlin, Adams County, pennsylvania. C. The one share going to Lawrence C. Hull and Ma!rcia M. Hull as Trustees in trust for Tracy A. Hull shall be for a period of four years from the date of my death with right in Tracy A. Hull to live in house and occupy adjoining lot known as 309$ Sandalwood Lane, Titusville, Flor1da and w1th Trustees to pay $30010.00 a month to Tracy A. Hull and at the end of four years to convey and transfer the corpus and accrued income to Tracy A. Hull. In the event Tracy A. Hull is not then living or d1es during sa1d four years then thir share to go to said Lawrence C. Hull and Marcia M. Hull 1n trust or remain 1n trust with sa1d Lawrence C. Hull and MarC1a M. Hull in trust equally for Garrett Herbert Hull, born 4 .," October 7, 1992, and Morgan Elizabeth Hull, born September 5, 1995, be~ng children of sa1d Tracy A. Hull, until each respectively attains twenty-five years of age at wh~ch time one-half share of corpus and accrued income of trust to go to him or her. In the event either of them would die then his or her share to go to the surv~vor of theM. The ~ncome and the corpus of the Trust for Garrett Herbert Hull and Morgan EI~zabeth Hull to go for their care, ma~ntenance, educat~on, occupat~onal train~ng and to enhance any personal skills or interest in the musical f~eld or any other field and their welfare to the extent other income is insuffic~ent. My said Trustees shall give the highest regard and credibil1ty to the adult person with whc.Ju said persons reside and upon request or demand of such adult person for paYment or reimbursement for present or future expenses that involve the said items for tbe good and welfare of my benefic~aries, sa1d Trustees are author1zed to pay such requests or demands for present and future expenses without any further investigation or order of court and without any further liability or responsibil~ty for the application of such monies paid. Whenever edch benef~ciary attains the age of twenty-five (25) years, then h1s or her share of Trust shall pay over to him or her. If e~ther beneficiary d~es before attaining age twenty-f~ve (25), his or her share shall go to surV1vor. ITEM VI: In the event any of my children predeceases me 5 ~ . or d1es within ninety (90) days of my death, then h1s or her share to go equally to h1s or her children then living, per stirpes and not per capita, otherwise to my surviving children. ITEM VII: I direct that any and all taxes that may be assessed in consequence of my death, including all inheritance, estate and tranRfer taxes imposed upon my estate passing under my will or otherwise, shall be paid out of the princ1pal of my residuary estate as a part of the expense of the administrat10n of my estate. ITEM VIII: I author1ze and empower my personal representative and Trustees to compromise, adjust, release and discharge in such manner as my personal representative may deem proper, all debts and cla1ms owed by or to me or my Estate; to sell, lease or exchange at publ1c or private sale or in such manner, at such prices, and upon such terms of credit or otherwise, as my personal representative may deem proper, all or any part of my property, real or personal; to execute, acknowledge and deliver instruments of conveyance, 1ncluding deeds in fee simple; to borrow money for the purpose of paY1ng estate, inheritance or other taxes which are requJ red to be paid and to secure any such loans by pledge or mortgcge of all or any part of my property and to execute the necessary instruments to carry out such powers; to distribute my estate in kind or partly in money or partly in kind, and to determ1ne the fair value at wh1ch any property so d1str1buted in k1nd shall be received by the distributees; to conduct any business 6 . . . . in which I have an l.nterest at the time of my death, for such period as my personal representative may deem proper, power to borrow money and pledge assets of the business and the power to do all other acts that I, in my lifetime, could have done, to delegate such power to any partner, manager or employee without ll.abill.ty for any loss occurring therein and to organize a corporation to carry on said business as capital to such corporatl.on and accept stock l.n the corporatl.on in ll.eu thereof and hold such stock for the uses of this my Will, and to vote said stock or sell the same as to my personal representative may seem best; to retal.n all stocks, assets, bonds and investments owned by me wl.thout being confined to what is known as legal investments; to execute any options to purchase, to apply for stocks, bonds or other l.nvestments, to purchase or otherwise acquire real e$tate and to execute the sc:. (,e powers thereover as herel.nbefore provided, to retal.n indefinitely any part of my assets, real or personal, which is or may become unproduct.l. ve or to make sale thereof; to pay carryl.ng charges and expenses of the property out of other princ.l.pal or i~come of my estate; to invest and reinvest in all forms of property W.l. thout restriction to l.nvestments authorized for Pennsylvan.l.a fiduciaries, as my personal representaitive and/or Trustees deem proper, without regard to the principle of diversification or risk; to exercise any law-given option to treat adm.l.nistrative expenses e.l.ther as .l.ncome tax or as estate deductions, without regard to whether the expenses were paid from 7 , ' " principal or income. The powers herein conferred shall be to my named personal representative and Trustees and all successors thereto and shall be in add1tion and not in limitation of other powers conferred on sa1d f1duciary. Any and a13 payment or payments of any sum or sums, whether in cash or 1n kind and whether for principal or income payable to any benef1ciary from Estate or either Trust shall be made upon the sole rece1pt of the respective beneficiary to whom the payment is made and free from anticipation, alienation, assignment, attachment, and pledge and free from control by the creditors df any such beneficiary. ITEM IX: All shares of pr1ncipal and 1ncomehereby given by Estate or '!Ulst shall be free from ant1cipation, ass1gnment, pledge or obligation of the beneficiaries and any of them and shall not be subject to any execution or attachment, levy or sequestration or other claims of the cred1to~s of said benef1ciaries or any of them. ITEM X: I nominate, constitute and appoint, Lawrence C. Hull, my son, as the sole Executor of this my Last Will and Testament, to serve without bond. In the event of the renunciation, death, resignation, refusal or inability to act for any reason what&oever of the said Lawrence C. Hull, I nominate, 8 . . . . .. constitute and appo1nt Marcia M. Hull as the Executrix of this MY Last will and Testament, to serve without bond. IN WITNESS WHEREOF, I, HERBERT L. HULL, have, to this my Last will and J}Lt b\l~1 Testament, set my hand this ---11L!i day of , 20..a'..~ 141 -- ~SEAL) HEM: L; -HULL. . Signed, sealed, publ1shed and declared by HERBERTL. HULL, the above named Testator on the J 7 TH ' day of ~\.L.,"lC,...sr , 200 , , as for his Last will an~ Testament, 1n the presence of us, who, 1n his presence, and in the presence of each other, have, at his request, subscribed dur names as w1tnesses hereto. residing at~P3 ~.~~.. ~uf , - at 5;L~).... /1? (~D~8~1C.. DIZ.UIL'::- PI I:CIf'JIrIV I C5 "6. II Il~ I" /f- /7 t> S- 0 . residing COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ SS WE, the undersigned, the Testator and the witnesses, respectively, whose names are s1gned to the foregoing instrument, being first duly sworn and qualif1ed according to la~, do hereby declare to the unders1gned author1ty that we were pre,ent and saw the Testator sign and execute the instrument as his Wi~l, and that he had signed willingly and that he executed 1t as his free and voluntary act f~r the purposes therein expressed, and that each of the witnesses, ~n the presence and hearing of the Testator, signed the Will as w1tnesses and that to the best of their knQwledge, the Testator was at that time eighteen years of age or older, of sound mind and under no constraint or undue 1nfluence, and t, the sa1d 9 .. 'II ' ..... ~ Testator, do hereby acknowledge that I signed and Eitxecuted the instrument as my Last Will and Testament, that 1 s~gned ~t willingly, and that I signed ~t as my fre and voluntary act for the purposes therein expressed. W~tness Sworn to and subscribed ~?re . I me this /-7r;;t, day of~ 20 0/ . , ;;[}rt~f!.v.M/ ~ My Commiss~on E~pires: <:. ~ $333.00 10 ~ = = - I I I , I I -II I I I I I ill0Iillt:ill' rn, LK~ t.&i~l@J /&r~'f:7 (Ji.:!J~[3.QX'@ :ffi\~'J~l!},IH'~ fJ7,{jl,{~ ((iJfftf}; ~;\{@ - o ~, , y .: INRE: THE ESTATE of HERBERT L. HULL, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION A TRUE COpy FROM RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA No.2002-00515 This B da 'of OCT. 2005 Clerk of the Or hans Court rf. cum~~~J. Fd/IIlLYSETTLEMENT AGREEMENT ~a THIS AGREEMENT, made the ~ day of June, 2005, by, between and among LA WRENCE C. HULL ("LCH"), MARCIA M. HULL ("MMH") and TRACY A. HULL ("T AH") as the residuary beneficiaries (collectively the "Heirs") of the Last Willi of Herbert L. Hull, deceased (the "Decedent"), and LAWRENCE C. HULL, as Personal Representative of the Estate of Herbert L. Hull (the "Executor"), Late of Camp Hill Borough WITNESSETH: WHEREAS, the undersigned Heirs, being all of the residuary beneficiaries of. the Estate of Herbert L. Hull (the "Estate"), desire by this Agreement to make an end of disputes and to settle finally all litigation involving the Estate, to release the Executor, and to bring all matters relating to the administratioh of the Estate to a close; NOW THERFORE, the Heirs, the Executor and the Estate, intending to be legally bound, and in consideration of their mutual covenants and assurances, hereby agree as follows: 1. This Agreement shall be filed with the Register of Wills of Cumberland County, Pennsylvania, and shall have the same force and effect as if a final accounting ofT the Estate of Herbert L. Hull had been filed with and confirmed by the Orphans' Court Division of the Cumberland County Court of Common Pleas (the "Court"); 2. Each of the Heirs has been fully advised of his or her rights pertaining to the filing of an Account and all of them do hereby waive any and all rights which they might have under law to require that an accounting of the Executor's administration of the Estate be filed with and approved by the Court; 3. Immediately upon the execution of this Agreement, the Estate and the Exeeutor agree to the following: (i) to pay $6,000 to the law firm of Said is, Shuff, Flower & Lindsay. . , (ii) (Hi) (iv) (v) to distribute from Estate principal the sum of $101,000. to TAH to be held in escrow by Scott M. Dinner, Esquire, and released upon satisfaction of all obligations required under Pl'U'agraph 4. to convey to T AH the parcels of real property owned by the Estate and located at 3085 and 3095 Sandalwood Lane, Titusville, Brevard County, Florida, respectively, [Lots 4 and! 5 - Hickory Forest] with the covenant that nothing has been done or will be done to encumber TAH's right, title and interest in ~e properties to be conveyed. The failure to perfonn in good faith the actions promised shall subject them to pay the reasonable 4ttorneys fees and related costs, if any, to enforce this provision. to pay all other obligations and expenses of the Estate. to distribute the then remaining Estate principal b$ween MMH and LCH in accordance with the terms of Decedent's last will or as they otherwise agree. 4. TAH agrees that the Agreement of Sale dated September 16,2001, by and ~tween TAH and the Decedent is void; that the August 27,2001 document in which Decedent aclnowledged a debt of $48,000. owing to TAH is void; that TAH will relinquish his interest in twp of the three cemetery lots held by Decedent and the Heirs at Rolling Green Cemetery id Camp Hill, Pennsylvania; that he consents to the withdrawal of the First and Second Interim ACCOunts filed by the Executor (the "Accounts"), and that he will withdraw [with prejudice]: (i) all of his objections to the Accounts and (ii) his Petition for Rule to Show Cause (the "Petition''). S. The parties agree to execute such other documents as may be necessary or desirable to facilitate the purposes of this Agreement. 6. The Heirs, hereby fully release and discharge the Executor, and each of ttie Executor's agents, attorneys, advisors and counselors, and their respective heirs, legal representatives, successors and assigns, of and from any and aU claims of any nature whatsoev~, known or unknown, which the Heirs now have or hereafter have against the said Executor apd his agents and attorneys, arising out of: (i) the administration of the Estate, (ii) all matters ~leged in the Petition and (iii) the failure of the Executor to file an accounting of such administra1ion with, and obtain the approval of. the Court. 7. Each of the Heirs hereby consents to the Court's exercising personal juriSdiction over them in any suit or action arising out of the enforcement of this Agreement. . , 8. This Agreement may be executed ~ multiple counterparts, and, when so executed, shall be binding upon all the parties and their respective heirs, next-of-kin, personal representatives and assigns. IN WITNESS WHEREOF, we have subscribed hereunto the day and year first above appearing. ~ () f /k}iJ Lo)M Lawrence C. Hull ;(.//#~ ~~k(1SEAL) ~~~l~~ JA.zt. ~ ~: D~~r; !WI Personal Representative of the Estate of Herbert L. Hull, deceased , l LIMITED POWER OF AlTORNEY 1, Tracy A Hull, of TItUsville, Florida ("'principal"), hereby appoint Thomas E. Flower, Esquire, of CartisIe, Pennsylvania my agent. My agent shall have tW1 power of substitution, for me and in my name, to exercise the foUowing power: 1. EXKutiOU or Setdeme.t Doc.DIeD". To execute on my ~ any doaunents required to be BiPed by me in order to settle the litigation concc$'ning the administration and distribution of my father's estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal on: this, the 6 t!J day ofJune, 2005. ~ --z;;; 11/#1 TRACY(A HULL, PrincipaJ (SEAL) STATE OF FLORIDA COUNTY OF On this, the ,,& day of June, 2005, before me, a notary public, the undcnigoed oftica', personally appeared TRACY A HUU., known to me (or satis&ctori1y proven) to be the person whose name is subsaibed to the within Power of Attorney, and ~: . that he e:lreCUted the same for the purpose therein contained. 5S. . ~~ ...,,,r.~~~"~..' ..~. >.i: . ..\\ "'" 1 #.' .. . IN WITN:ESS WIIEREOF, I have . ... ," "<' .<~ ,)J' ~' - STANLEY'~RET.z ' '" MY COMMISSION.. DO 03"lll93 '"" EXPlRm:A..-I.~ ~NI'r R....,....Il~1nc. . t .'; ',' ': c: ~';;T ~,: -,.- ....,.-. ....:-'. -""- < INRE: THE ESTATE of HERBERT L. HULL, Deceased Ct EF<, C' No. 2002 - 00515 C\9~{i~/r~:':; t(~~:::7ifT~~;\ Late of Camp Hill Borough FAMILY SETI'LEMENT AGREEMENT '- TIDS AGREEMENT, made the V-daY of June, 2005, by, between and among LAWRENCE C. HULL ("LCH"), MARCIA M. HULL ("MMH'') and TRACY A. HULL ("T AH") as the residuary beneficiaries (collectively the "Heirs") of the Last Will of Herbert L. Hull, deceased (the "Decedent"), and LAWRENCE C. HULL, as Personal Representative of the Estate of Herbert L. Hull (the "Executor"), WITNESSEm: WHEREAS, the undersigned Heirs, being all of the residuary beneficiaries of the Estate of Herbert L. Hull (the "Estate"), desire by this Agreement to make an end of disputes and to settle finally all litigation involving the Estate, to release the Executor, and to bring all mitters relating to the administration of the Estate to a close; NOW THERFORE, the Heirs, the Executor and the Estate, intending to be legally bound, and in consideration of their mutual covenants and assurances, hereby agree as follows: 1. This Agreement shall be filed with the Register of Wills of Cumberland County, Permsylvania, and shall have the same force and effect as if a final accounting of ~e Estate of Herbert L. Hull had been filed with and confirmed by the Orphans' Court Di~ision of the Cumberland County Court of Common Pleas (the "Court"); 2. Each of the Heirs has been fully advised of his or her rights pertaining to the filing of an Account and all of them do hereby waive any and all rights which they might have under law to require that an accounting of the Executor's administration of the Estate be filed with and approved by the Court; 3. Immediately upon the execution of this Agreement, the Estate and the Execlltor agree to the following: (i) to pay $6,000 to the law firm of Saidis, Shuff, Flower & Lindsay. dZ:~,l ; (ii) to distribute from Estate principal the sum of $101tOOO. to TAH to be held in escrow by Scott M. Dinner, Esquiret and released upon satisfaction of all obligations required under Paragraph 4. (Hi) to convey to T AH the parcels of real property owned by the Estate and located at 3085 and 3095 Sandalwood Lane, Titusville, Brevard CountYt Florida, respectively, [Lots 4 and 5 - Hickory Forest] with the covenant that nothing has been dbne or will be done to encumber T AH's right, title and interest in the properties to be conveyed. The failure to perform in good f~th the actions promised shall subject them to pay the reasonable i attorneys fees and related costs, if anYt to enforce this provision. (iv) to pay all other obligations and expenses of the Estate. (v) to distribute the then remaining Estate principal between MMH and LCH in accordance with the terms of Decedenr's last will or as they otherwise agree. 4. T AH agrees that the Agreement of Sale dated September 16t 2001, by and between T AH and the Decedent is void; that the August 27 t 200 1 document in which Decedent ac)rnowledged a debt of$48tOOO. owing to TAH is void; that TAH will relinquish his interest in tWo of the three cemetery lots held by Decedent and the Heirs at Rolling Green Cemetery ~ Camp Hillt Pennsylvania; that he consents to the withdrawal of the First and Second Interim Accounts filed by the Executor (the "Accountstt), and that he will withdraw [with prejudice]: '(i) all of his objections to the Accounts and (ii) his Petition for Rule to Show Cause (the "Petitioht'). 5. The parties agree to execute such other documents as may be necessary ot desirable to facilitate the purposes of this Agreement. 6. The Heirs, hereby fully release and discharge the Executor, and each of tlie Executor's agents, attorneys, advisors and counselors, and their respective heirs, legal representatives, successors and assigns, of and from any and all claims of any nature whatsoever, known or unknown, which the Heirs now have or hereafter have against the said Executor ~d his agents and attorneys, arising out of: (i) the administration of the Estate, (ii) all matters aIlleged in the Petition and (Hi) the failure of the Executor to file an accounting of such administratJon with, and obtain the approval of, the Court. 7. Each of the Heirs hereby consents to the Court's exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. ; 8. This Agreement may be executed i~ multiple counterparts, and, when so executed, shall be binding upon all the parties and their respective heii's, next-of-kin, personal representatives and assigns. IN WITNESS WHEREOF, we have subscribed hereunto the day and year first above appearing. WI1NESS: ~~t.~ /t/~4:l- OMw EXE~O~L) Lawrence C. Hull, as Personal Representative of the Estate of Herbert L. Hull, deceased " ,. I' ; LIMITED POWER OF ATI'ORNEY I, Tracy A HuU, of Trtusvi1le, Florida ("prindpal"). hereby appoint Thomas E. Flower, Esquire, of CarIiIIe, Pennsylvania my agent. My agent sbalI have tbllpower of substitution, for me and in my DIIDe, to exercise the following power: 1. 'r.w............ of Setd_eat Doanae.... To execute on my ..... any doauoeots required to be signed by me in order to settle the litiption conc+nins the administration and distribution of my fatber's estate. IN W1'fNESS WIIEUOF, I have hereunto set my band and seal on this, the b!/J day of June, 2005. ~~~ --z;;; 1/ /t44 TRACY(A HUlL. Principal (SEAL) STATE OF FLORIDA COUNTY OF On this, the 'l4. day of.June, 200S. before me, a notary public, the ~ ss. ofticeI'. pcnooaIly IppeII1!ld TRACY A HUlL., known to me (or ~ Proven> to . . be the pa1IOD whose DIme is subscribed to the within Power of Attomey. and ~ . dm bo:::::,-::=baw.....-.ed .l~~:.:.: ,>/';''',; ',.~! :>.... ~ :, ~ . ",,:' . ,:. -: 'f'. .... " %~i:~;:',: .}:,~}~) ~. ~ ':'=E:?.~ ~ I'l.-"~&""""tnc.