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Home My WebLink About11-03-09IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN :ORPHANS' COURT DIVISION No. 1126 Year 2008 FIRST INTERIM RESIDUAL DISTRIBUTION THIS AGREEMENT made this :,? Yilday of October, 2009 WITNESSETH: c~ ~, " .:.J ~ r1 n C r- ~ ~_. ~, _~ ~ _ : ~ : ~ <J ' , w. N ~ `., ~ ~-, w -; b o I. THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Eleanor Haselhuhn a/k/a Helen Eleanor Haselhuhn (the "Decedent"), a widow, died testate on October 13, 2008, a domiciliary of Cumberland County, Pennsylvania. 2. The Decedent's Last Will and Testament dated July 11, 1991 and Codicil dated August 19, 2006 (collectively, the "Will") were admitted to probate by the Register of Wills of Cumberland County, Pennsylvania (the "Register"). A true and correct copy of the Will is attached hereto as Exhibit "A," and is incorporated herein by reference. 3. On November 26, 2008, the Register duly appointed Alan Kotz a/k/a Allen Kotz, Gary E. French, Esq. and Wachovia Bank, N.A., Co-Administrators, d.b.n.c.t.a of the Decedent's Probate Estate (that property which is disposed of pursuant to the terms of the Decedent's Will or by intestate succession). 4. By Court Order dated March 15, 2009 ("Order"), Alan Kotz a/k/a Allen Kotz ("Mr. Kotz') was discharged as a Co-Administrator due to physical incapacity, and Wachovia Bank, N.A. and Gary E. French, Esq. were ordered to continue serving as the Co-Administrators of the Decedent's Probate Estate without the appointment of a successor individual Co-Administrator to serve in Mr. Kotz's stead. Wachovia Bank, N.A. and Gary E. French, Esq. are hereinafter collectively referred to as the "Co- Administrators"). A true and correct copy of the Order is attached hereto as Exhibit "B," and is incorporated herein by reference. Page -1- ,a E 5. The Decedent was survive by her daughter, Mary Ann Mohr, formerly known as Mary Ann Haselhuhn, and granddaughter, Devon Haselhuhn (collectively, the "Beneficiaries"). 6. The Decedent's net Probate Estate passes to the "Eleanor Haselhuhn Non-Skip Trust" and the "Eleanor Haselhuhn Skip Trust" pursuant to Articles Third and Fourth of the Decedent's Will. 7. The terminating events of the various trusts created under the Decedent's Will (as set forth in Articles Fifth, Sixth and Seventh of the Decedent's Will) have all occurred. The Decedent's husband, Donald H. Haselhuhn, predeceased the Decedent on August 8, 1994. The Decedent's daughter, Mary Ann Mohr, has attained 25 years of age. The Decedent's son, Michael H. Haselhuhn, predeceased the Decedent on March 5, 2005. Michael H. Haselhuhn's only child, Devon Haselhuhn, is 29 years of age, having been born on February 19, 1980. 8. The Co-Administrators wish to distribute the Decedent's net residuary Probate Estate as follows: (i) Fifty Percent (50%) directly to Mary Ann Mohr, the sole remainder beneficiary of the Eleanor Haselhuhn Non-Skip Trust established under Article Fifth of the Decedent's Will; and, (ii) Fifty Percent (50%) directly to Devon Haselhuhn, the sole remainder beneficiary of the Eleanor Haselhuhn Skip Trust established under Article Sixth of the Decedent's Will. 9. The Co-Administrators are willing to make an interim residual distribution of $300,000 to the Beneficiaries if the Beneficiaries provide the Co-Administrators with following limited satisfactory release, refunding and indemnification protections; the Co- Administrators intend to distribute $150,000 worth of assets to Mary Ann Mohr and Devon Haselhuhn, each. 10. The Decedent owned improved residential real property in Cumberland County, Pennsylvania, commonly known as 422 E. Winding Hill Road, Mechanicsburg, Pennsylvania 17055 ("Mechanicsburg Property"). 11. By writing dated September 30, 2009, Devon Haselhuhn agreed to take in-kind and "as is" the Mechanicsburg property (on or before October 30, 2009), charging against her respective residual share of the Decedent's Probate Estate the sum of $105,000 plus that amount of prorated real property taxes (prorated as of the date of conveyance); the Beneficiaries agreed the fair market value of the Mechanicsburg Property is $105,000. 12. The aforementioned interim distribution to Mary Ann Mohr will be in cash while the interim distribution to Devon Haselhuhn will be a combination of the above described in-kind distribution of the Mechanicsburg Property, the prorated real property taxes thereon and cash. Page -2- II. RECEIPT, RELEASE, REFUNDING, AND INDEMNIFICATION AGREEMENT: NOW THEREFORE, in consideration of the foregoing, and intending to be legally bound, the Beneficiaries, for themselves, their heirs, personal representatives, successors, and assigns, hereby do as follows, to wit: A. Represent, warrant and agree that they: (i) Have read and understand this Agreement and confirm the facts set forth above are true, correct and complete to the best of their knowledge, information and belief, and hereby approve the same for all purposes and incorporate them herein by reference. (ii) Acknowledge that they have sought advice of an attorney, prior to executing this Agreement or have voluntarily chosen not to consult with an attorney; and, (iii) Have entered into this Agreement of their own free will and choice without any compulsion, duress or undue influence from anyone. B. Approve (and direct the Co-Administrators to make) the above described interim residual distribution. C. Agree to refund on demand, all or any part of the above described interim residual distribution, which the Co-Administrators or any court of competent jurisdiction determines to have been improperly made. D. To the extent of the above described interim residual distribution, absolutely, unconditionally and irrevocably release, remises and forever discharge Wachovia Bank, N.A. and Gary E. French, Esq., individually, and in their fiduciary capacities as Co-Administrators of the Estate of Eleanor Haselhuhn a/k/a Helen Eleanor Haselhuhn, Deceased, from any and all manner of actions, causes of action, suits, liens, accounts, reckonings, controversies, agreements, promises, claims, demands, losses and expenses whatsoever, in any way arising from or concerning the above described interim residual distribution of the Decedent's Probate Estate. E. To the extent of the above described interim residual distributions, agree to indemnify and hold harmless Wachovia Bank, N.A. and Gary E. French, Esq., individually, and in their fiduciary capacities set forth above, with respect to any and all matters or liabilities which they may be subjected by reason of joining in this Agreement, and in carrying out the Page -3- provision hereof. F. Agree that this Agreement constitutes the entire understanding between the Co-Administrators and the Beneficiaries (individually and collectively, the "Parties") concerning the subject matter hereof, and supersedes any and all prior written agreements and any and all prior or contemporaneous oral agreements or understanding relating to the subject matter hereof. G. Agree that this Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors, assigns, personal representatives, and those who may hereafter claim through any of the Parties. H. Agree that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to choice-of-law provisions. The Court shall have exclusive jurisdiction over any action to enforce or interpret the terms of this Agreement. The Co-Administrators and Beneficiaries hereby consent to the Court exercising personal jurisdiction over each of them in any action or suit arising out of the enforcement of this Agreement. Agree that any references to person or things shall be deemed to refer to such persons or things in the singular or plural and in the masculine, feminine or neuter gender as the context shall require. J. Agree that this Agreement shall be deemed to be severable, so that if any provision hereof shall be determined by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions hereof shall continue to remain valid and enforceable in accordance with their terms. K. Agree that this Agreement may be executed in multiple counterparts, each of which may contain the signatures of one or more of the Parties, all of which, taken together, shall constitute one and the same document. Page -4- IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN :ORPHANS' COURT DIVISION No. 1126 Year 2008 CONSENT TO FIRST INTERIM RESIDUAL DISTRIBUTION GARY E. FRENCH, ESQ., in his fiduciary capacity set forth in the Agreement, hereby consents to the First Interim Residual Distribution Agreement (the "Agreement'), and acknowledges that a copy of the Agreement, including all Exhibits thereto, has been provided to him. GARY E. RE ,ESQ., in his fiduciary capacity set forth in the Agreement COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the a3 day of October, 2009, before me, the undersigned officer, personally appeared GARY E. FRENCH, ESQ., 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, in the capacities indicated, as his free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. ~~~~~ Notary P lic c01NMOnrw~w~m o~' ~ruasrtv~krw NOTARIAL SEA! KATHRYN C. HOLLINGER, Notary Public City of Harrisburg, Dauphin County Cafion Expires March t7, 2011 Page -5- IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN :ORPHANS' COURT DIVISION No. 1126 Year 2008 CONSENT TO FIRST INTERIM RESIDUAL DISTRIBUTION AGREEMENT THE UNDERSIGNED, PATRICIA A. JACKSON, VICE PRESIDENT AND SENIOR ESTATE SETTLEMENT CONSULTANT OF WACHOVIA BANK, N.A. in its fiduciary capacity set forth in the Agreement, hereby consents to and joins in this First Interim Residual Distribution Agreement (the "Agreement"), for the purposes expressed therein, and acknowledges receipt of a copy of the Agreement and all Exhibits thereto. WACHOVIA BANK, N.A. g y t GvG. l~C, c~. PATRICIA A. J KS N, VICE PRESIDENT AND SENIOR E SETTLEMENT CONSULTANT COMMONWEAL H OF PE SYLVANIA __ _ ~r~ : ss: COUNTY OF On this ~~~day o October, 2009 before me, the undersigned officer, personally appeared PATRICIA A. JACKSON, who acknowledge herself to be the VICE PRESIDENT AND SENIOR ESTATE SETTLEMENT CONSULTANT OF WACHOVIA BANK, N.A. and that she, as such officer being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of such bank by herself as such officer. IN WITNESS WHEREOF, I hereunde Page -6- IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA A/K/A HELEN ELEANOR HASELHUHN :ORPHANS' COURT DIVISION No. 1126 Year 2008 CONSENT TO FIRST INTERIM RESIDUAL DISTRIBUTION AGREEMENT MARY ANN MOHR ,FORMERLY MARY ANN HASELHUHN, hereby consents to the First interim Residual Distribution Agreement (the "Agreement'), and acknowledges that a copy of the Agreement, including a!I Exhibits thereto, has been provided to her. Il/Ki-~- MARY AN OHR, FORMERL ARY ANN HASELHUHN COMMONWEALTH OF PENNSYLVANIA COUNTY OF l On this, the day of October, 2QQ9, before me, the undersigned officer personally appeared MARY ANN MOHR ,FORMERLY MARY ANN HASELHUHN, 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, in the capacities indicated, as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. CCE~~iC~NWEALTi-1 QF PENNSYLVANIA Notarial Seal Michas! Neiman, Notary Public Ross Twp., Allegheny County My Commission Expires Apr. 8, 2010 Member. PQnnw!vania Association of NpCBrieS r Notary Public Page -7- IN RE: : IN THE COURT OF COMMON PLEAS ESTATE OF ELEANOR HASELHUHN, :CUMBERLAND COUNTY, PENNSYLVANIA AIK/A HELEN ELEANOR HASELHUHN :ORPHANS' COURT DIVISION No. 1126 Year 2008 CONSENT TO FIRST INTERIM RESIDUAL DISTRIBUTION AGREEMENT DEVON HASELHUHN hereby consents to the First Interim Residual Distribution Agreement (the "Agreement'), and acknowledge that a copy of the Agreement, including all Exhibits thereto, has been provided to her. j. ;. _ ~~ y r , .. ~, ,, ... , DEVON HASELHUHN COMMONWEALTH OF PENNSYLVANIA COUNTY OF i ~~1~ 1`~~V'l~"~ On this, the as"day of October, 2009, before me, the undersigned officer, personally appeared DEVON HASELHUHN, 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, in the capacities indicated, as her free and voluntary act for the purposes expressed therein. IN WITNESS WHEREOF, I have set my hand and official seal. N a Public COMpAONWEALTH OF PENNSYLVANIA Notetfal Seal Cheryl L. Baker, Notary Public Upper ANen Twp., Cumberland County Commission Expires .lah. 13, 2011 r~ntf~r,, er,nsylvrihiEt A9idtlrfh et 9tarres Page -8-