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HomeMy WebLinkAbout10-15-10IN THE MATTER OF THE ESTATE OF BERNICE J. BROWN, DECEASED IN THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV/s~lA n O o NO. 2006-00859 ~~~ ~~~r _ ESTATE SETTLEMENT AGREEMENT ~ cn ~ ~" ~-?O-n ~ THIS~GREEMENT, made as of this %.Q, day of 4~~ QhL~Q , 20d:0~~.; ,v WITNESSETH: xr_, a~ THE CIRCUMSTANCES leading to the execution of this Agreement are as follows: 1. BERNICE J. BROWN (the "Decedent") died testate on 18 September 2006 at 89 years of age, and WILLIAM G. HENNE, Decedent's friend, qualified with the Register of Wills of Cumberland County, Pennsylvania, as Executor (the "Executor") of the Decedent's probate estate (the "Estate"). 2. Decedent's Last Wiil and Testament (the "Will"), which was admitted to probate, was executed by Decedent on 11 December 1996. 3. Item III of the Decedent's Will provides for the distribution of Decedent's estate, as follows: ARTICLE III DISPOSITION OF PROPERTY A. Residuary Estate. I direct that my residuary estate be distributed to the following surviving beneficiaries in the percentages as shown: 1/6th -Victoria Hutchinson, 521 Snowy Egret Trail, Cary, NC. I# these persons or organization do not survive me or are not in existence, this share shall be distributed proportionately to the other distributee(s) listed under this provision. 1/6th -Shirley Abel, 470 Silver Maple Court, Mount Wolfe, PA. If this person or organization does not survive me or is not in existence, this share shall be distributed proportionately to the other distributee(s) listed under this provision. 1/6th -Edwin Anderson, 1935 Powder Mill Road, York, PA. If this person or organizatiion does not survive me or is not in existence, this share shall be distributed proportionately to the other distributee(s) listed under this provision.. Page 1 of 13 -o ~~ ' '~ ~,% y, ~ ~~-= ~:, _±~, '~:,: ~ .., ~-, ;, :~ '; ... c-~~ ~-`; _. ~ ~~ 1/6th -Donna L. (Anderson) Buchar, 7 Golden Dale Drive, Yorkana, PA. If this person or organization does not survive me or is not in existence, this share shall be distributed proportionately to the other distributee(s) listed under this provision. 1/6th -Zion Evangelical Lutheran Church, 2730 Booser Avenue, Harrisburg, PA. If this person or organization does not survive me or is not in existence, this share shall be distributed proportionately to the other distributee(s) listed under this provision. 1/6th -William G. Henne, 2906 Harvard Avenue, Camp Hill, PA. If this person or organization does not survive me or is not in existence, this share shall be distributed proportionately to the other distributee(s) listed under this provision. Percentages Total - 100.00% 4. Victoria Hutchinson, Shirley Abel, Edwin Anderson, Donna L. (Anderson) Buchar, Zion Evangelical Lutheran Church and William G. Henne are the sole beneficiaries of Decedent's Estate (the "Beneficiaries") and they desire to settle the Estate informally in order to avoid the expense and delay involved with the formal adjudication of a First and Final Account by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"). 5. The Executor joins in this Agreement to signify his agreement with the terms hereof as more particularly set forth hereafter. 6. The Beneficiaries and Executor desire to forever settle and compromise any and all claims and rights which they may possess, now or hereafter, in the Estate and to confirm their acceptance of the Major Items of the Account (the "Account"), of the Executor, attached hereto as Exhibit "A" and incorporated herein by this reference, and the Schedule of Proposed Distribution (the "Schedule"), attached hereto as Exhibit "B" and incorporated herein by this reference. The Beneficiaries and Executor desire that the distributions to the Beneficiaries, as set forth in Exhibit "B", be in full satisfaction of their rights in the Estate. 7. The Beneficiaries wish to release the Executor and to indemnify him against any and all claims that may be asserted against the Estate or the Executor after the date hereof. The Beneficiaries also desire to release the Executor with respect to the waiver of a right to a formal adjudication of a First and Final AccCount of the Estate. 8. The Executor is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. Paae 2 of 13 NOW THEREFORE, in consideration of the foregoing and intending to be legally bound, the Beneficiaries and the Executor, for themselves, their heirs, personal representatives, successors and assigns: Represent and warrant that they have read and understand this Agreement and confirm that the facts set forth above are true and correct, to the best of their knowledge, information and belief. 2. Declare that they have sufficient information to make an informed waiver of their right to a formal accounting with the Court, and they do hereby waive the filing and auditing of the same. 3. Acknowledge that the distributive share or amount set forth on the Schedule shall be in full satisfaction of the Beneficiaries' entitlements under the Will. 4. Release, remise, quitclaim and forever discharge the Executor, his heirs, personal representatives, successors and assigns, from and against all claims that they may, as legatees of the Estate, and in connection with the Estate, have, had, now has or may in the future have in connection wi#h the Estate. 5. Agree to refund, on demand, all or any part of any aforesaid distribution, which has been determined by the Executor, or by the Court, or by any court of competent jurisdiction, to halve been improperly made. 6. Agree to indemnify and hold harmless the Executor, his heirs, personal representatives, successors and assigns, from and against any and all claims, loss, liability or damage (whether pr not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. 7. Agree to execute such other or additional documents as may be necessary to effectuate the agreements set forth herdin. 8. Acknowledge that this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of'Pennsylvania. 9. Consent to the Court exercising personal jurisdiction over the Beneficiaries in any suit or action arising out of the enforcement of this Agreement. IN WITNIESS WHEREOF, the Executor and the Beneficiaries have placed their hands and seals on the attached Consents to Estate Settlement Agreement. Paoe 3 of 13 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, VICTORIA HUTCHINSON, individually and as Beneficiary of the Estate of Bernice J. Brown, hereby acknowledge receipt of the assets of the Estate of Bernice J. Brown, as set forth in the attached Estate Settlement Agreement, and I, individually, intending to be legally bound, hereby consent to and join in the Estate Settlement Agreement, including Exhibits, which has been provided to me. Dated: 0~` ~ 2a/a WITNESS: VICTORIA HUTCHINSON STATE OF COUNTY OF /Lv~~ ~ ~dG,~ti SS. . 1.,i~/~ ON THIS, the S~ day of C~, 2010, before me, the undersigned officer, personally appeared VICTORIA HUTCHINSON, 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 and for the purposes therein contained. IN WITNESS WHE EOF, I hereunder set my hand and official seal. ..,,, O~.~H C. 8p~~ ~' ~OTA9s- ~y ~ ~ k•* m ~o G. AGBl~G Notary Public .jficou~ac,• . Pape 4 of 13 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, SHIRLEY ABEL, inciividuafly and as a Beneficiary of the Estate of Bernice J. Brown, hereby acknowledge receipt of the assets of the Estate of Bernice J. Brown, as set forth in the attached Estate Settlement Agreement, and I, individually, intending to be legally bound, hereby consent to and join in the Estate Settlement Agreement, including Exhibits, which has been provided to me. Dated: 9~/~/0 WITNESS: ~~-~. ~/ ~y ,~ ~ SHIRLEY A EL COMMONWEALTH OF PENNSYLVANIA COUNTY OF ypIPK SS. ON THIS, the /~~ day of 2010, before me, the undersigned officer, personally appeared SHIRLEY ABEL, 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 and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Mna G. FanL NoarY PuWIC Yak 7Mip., Yak CouMv Page 5 of 13 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF D/STRIBUTION I, EDWIN ANDERSON, individually and as Beneficiary of the Estate of Bernice J. Brown, hereby acknowledge receipt of the assets. of the Estate of Bernice J. Brown, as set forth in the attached Estate Settlement Agreement, and I, individually, intending to be legally bound, hereby consent to and join in the Estate Settlement Agreement, including Exhibits, which has been provided to me. Dated: 9~/ ~ ~ro WITNESS: ~~.~ EDWIN ANDERSON COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF ON THIS, the /7~` day of ' 2010, before me, the undersigned officer, personally appeared EDWIN ANDERSON, known to me (or satisfactorily r proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~u-//' T~ Notary Public ~ni of ~sYty Nw axw o. ~ ~, w,a+o My Corrmy~ '• York CgrMy ~ ~Y ~, 2019 As~odatlon Pape 6 of 13 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION I, DONNA L. (ANDERSON) BUCHAR, individually and as Beneficiary of the Estate of Bernice J. Brown, hereby acknowledge receipt of the assets of the Estate of Bernice J. Brown, as set forth in the attached Estate Settlement Agreement, and I, individually, intending to be legally bound, hereby consent to and join in the Estate Settlement Agreement, including Exhibits, which has been provided to me. Dated: ~~,1© WITNESS: ~~ DONNA L. (ANDERSON) CHAR COMMONWEALTH OF PENNSYLVANIA ~~~~pp SS. COUNTY OF Gl~~~J`~/~- ON THIS, the ~ day of Sfi,47`" , 2010, before. me, the undersigned officer, personally appeared DONNA L. (ANDERSON) BUCHAR, 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 and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kim E. Abel, Notary Public City of York, York County .% My Commissbn F.xplras Jen. 24, 2014 Member, PennsyNanla Assodatbrt of Notaries Notary Public Pape 7 of 13 CONSENT TD ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION ZION EVANGELICAL LUTHERAN CHURCH, as Beneficiary of the Estate of Bernice J. Brown, hereby acknowledges receipt of the assets of the Estate of Bernice J. Brown, as set forth in the attached Estate Settlement Agreement, and intending to be legally bound, hereby consents to and joins in the Estate Settlement Agreement, including Exhibits, which has been provided to the Church. Dated: Q (5 10 ATTESTIWITNESS: ZION EVANGELICAL LUTHERAN CHURCH ~~~~~ _J~ ~_~ ~- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. ON THIS, the ~ S ~ day of ~'~.ea,~pv~- , 2010, before me, the undersigned officer, personally appeared ~wcvd '(~. I +P~ru va..~ ,known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged that she/he/they executed the same in the capacities and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. CO MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GAYE GRIST, Notary Public Ci of Harrisburg, Dauphin County -- ~ommission Expires A ri118, 2013 Not ry Public Page 8 of 13 CONSENT TO ESTATE SETTLEMENT AGREEMENT AND RECEIPT OF DISTRIBUTION 1, WILLIAM G. HENNE, individually and as Beneficiary of the Estate of Bernice J. Brown, hereby acknowledge receipt of the assets of the Estate of Bernice J. Brown, as set forth in the attached Estate Settlement Agreement, and I, individually and as Executor, intending to be legally bound, hereby consent to and join in the Estate Settlement Agreement, including Exhibits, which has been provided to me. Dated: ~ 3 S ~~ ~ /v WITNESS: ,~ ~ ail/ G~~~~ -~~ b~-~,._Q WILLIAM G. HENNE COMMONWEALTH OF PE/NNSnYLVANIA COUNTY OF C~-~(2v~ SS. ON THIS, the 1 3~"day of 010, before me, the undersigned officer, personally appeared WILLIAM G. HENNE, 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 and for the purposes therein contained. IN WITNESS WHEREOF, I hereunder set my hand and official seal. CHERYL R. GARMAN, Notary Public Camp Hill Boro, Cumberland CouMlr My Commission Expires May 20, 2012 Page 9 of 13 EXHIBIT "A" MAJOR ITEMS OF THE ACCOUNT OF THE EXECUTOR Date of Death:l8 September 2006 Accounting for Period: 18 September 2006 through 31 May 2010 MAJOR RECEIPTS: 1. Real Property: 2801 Harvard Avenue, Camp Hill $ 135,000.00 2. Integrity Bank -Checking Account (#02010003879) 24,258.23 3. Commerce Bank CD#1700404 103,399.01 4. M&T Bank-Checking Account (#18209769) 66,670.17 5. M&T Bank-Checking Account (#98215426) 5,018.13 6. Integrity Bank-Savings Account (#0401003169) 21,272.97 7. Morgan Stanley-Irrevocable Trust 822,523.99 8. Morgan Manley-IRA Account 15,018.28 MAJOR RECEIPTS $1,193,160.69 MAJOR EXPENSES: 1. Funeral biome (Additional to Pre-paid Expenses) $ 419.20 2. Estate Administration Expenses 2,121.66 3. PA Inheritance Tax 68,109.72 4. Miscellaneous Expenses 464.00 5. Executor°s Fee 20,000.00 6. Attorney's Fees 20.000:00 MAJOR EXPENSES $ 111,650.58 BALANCE REMAINING TO DISTRIBUTE $ 139,589.63 Panes 1 n of 1'~ EXHIBIT "B" SCHEDULE OF PROPOSED DISTRIBUTION FIRST DISTRIBUTION TO THE BENEFICIARIES OF THE ESTATE OF BERNICE J. BROWN Victoria Hutchinson Shirley Aibel Edwin Anderson Donna L, (Anderson) Buchar Zion Evangelical Lutheran Church William G. Henne Total First Distribution $ 25,000.00 25,000.00 25,000.00 25,000.00 25,000.00 0.00" $125,000.00 *Since William G, Henne, a Beneficiary and the Executor of the Estate, by agreement of all beneficiaries, will receive distribution of Mrs. Brown's residence, valued at $135,000, he will not be reclriving a cash distribution until such distributions exceed the value of the residence. Paoe 11 of 13 EXHIBIT "B" SCHEDULE OF PROPOSED DISTRIBUTION SECOND DISTRIBUTION TO THE BENEFICIARIES OF THE ESTATE OF BERNICE J. BROWN Victoria Hutchinson $135,000.00 Shirley Abel 135,000.00 Edwin Anderson 135,000.00 Donna L. (Anderson) Buchar 135,000.00 Zion Evangelical Lutheran Church 135,000.00 William G. Henne 25.000.00* Total First Distribution $700,000.00 *The amount of the distributions to each beneficiary now exceeds the value of Mrs. Brown's former residence. We have calculated Mr. Henne's distributions as follows: Value of residence received from the Estate $135,000.00 First distribution credited (not received) (25,000.00) Amount of 2"a distribution to beneficiaries (135,000.00) Amount due to Mr. Henne $ 25,000.00 Mr. Henne is ndw entitled to an equal distribution for the remainder of the estate. Paae 12 of 13 EXHIBIT "B" .FINAL SCHEDULE OF DISTRIBUTION TO THE BENEFICIARIES OF THE ESTATE OF BERNICE J. BROWN AMOUNT TO DISTRIBUTE DISTRIBUTIONS: Decedent's Beneficiaries: To: Victoria Hutchinson Total Distribution -Cash To: Shirley Abel Total Distribution -Cash To: Edwin Anderson Total Distribution -Cash To: Donna L. (Anderson) Buchar Total Distribution -Cash To: Zion Evangelical Lutheran Church Total Distribution -Cash To: William G. Henne Total Distribution -Cash TOTAL DISTRIBUTED $ 139.589.63 $ 23,264.94 $ 23,264.94 $ 23,264.94 $ 23,264.94 $ 23,264.93 $ 23,264.94 $139,589.63 Paae 13 of 13