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HomeMy WebLinkAbout06-10-05 (2) IN THE COlJRT OF COMMON PLEAS OF CUMBERLAND COlJNTY, PENNSYLVANIA ORPHANS' COURT DIVISION l1H-l_ \ 0 V~}.. ' t~' 1"),,-_: 35 i'ii ~ INRE: THE ESTATE of HERBERT L. HULL, Deceased No. 2002 - 00515 Late of Camp Hill Borough FAMILY SETTLEMENT AGREEMENT "- THIS AGREEMENT, made the <?~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"), 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 administration of the Estate to a close; NOW THERFORE, the Heirs, the Executor and the Estate, intending to be legally bound, and in consideration oftheir mutual covenants and assurances, hereby agree as follows: l. 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 of 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 Executor agree to the following: (i) to pay $6,000 to the law firm of Saidis, Shuff, Flower & Lindsay. (ii) to distribute from Estate principal the sum of $10 1,000. to T AH to be held in escrow by Scott M. Dinner, Esquire, and released upon satisfaction of all obligations required under Paragraph 4. (iii) 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 T AH' s right, title and interest in the properties to be conveyed. The failure to perform in good faith the actions promised shall subject them to pay the reasonable attorneys fees and related costs, if any, to enforce this provision. (iv) to pay all other obligations and expenses ofthe Estate. (v) to distribute the then remaining Estate principal between 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 between TAH and the Decedent is void; that the August 27, 200 I document in which Decedent acknowledged a debt of $48,000. owing to T AH is void; that T AH will relinquish his interest in two of the three cemetery lots held by Decedent and the Heirs at Rolling Green Cemetery in 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"). 5. 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 the 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 and his agents and attorneys, arising out of: (i) the administration of the Estate, (ii) all matters alleged in the Petition and (iii) the failure of the Executor to file an accounting of such administration 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 in 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 appeanng. WITNESS: ~:[,fJJ!J /w/y/V- ok) ~'-{sd#AL) ,4. H-rJlJ (SEA!lf't1I">" n" ull ~ ~ 111'-"'( I /8 "l EXELc~L) Lawrence C. Hull, as Personal Representative of the Estate of Herbert L. Hull, deceased LIMITED POWER OF ATI'ORNEY I, Tracy A Hull, of Titusville, Florida ("principal"), hereby appoint Thomas E. Flower, Esquire, of Carlisle, Pennsylvania my agent. My agent shall have fuU power of substitution, for me and in my name, to exercise the foUowing power: 1. Execution of Settlement >>Muments. To execute on my behalf any documents required to be signed by me in order to settle the litigation concerning the administration and distribution of my father's estate. IN WITNESS WHEREOF, I have hereunto set my hand and seal on this, the b to day of June, 2005. ~Dv ~"\v1TNE ) ;;;;;; J/ /J# TRACY!A HULL, Principal (SEAL) STATE OF FLORIDA ss. COUNTY OF On this, the t &.. day of June, 2005, before me, a notary public, the undersigned officer, personally appeared TRACY A HULL., known to me (or satisfuctoriIy proven) to be the person whose name is subscribed to the within Power of Attorney, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have cial {/".~.5.' .: '-Jj/ ('-:-- <_ ,. ..... (~.~y<,~ 'j :~. :: . 'l<~:>_. ~"/;:::";' '~~'/,:;,' l't' _c: '\. ".,,~.., ~-.)'Io:~ srANLEY RR'E12 ~.)I'MYCOM"ISSION" DD0371J013 "l'W1\.""~ EXPIRES: August I.~ 1ol1OO3-l<<lTARY Fl_-Uonclinll.'"