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Home My WebLink About09-28-05 (2) IN RE: ESTATE OF MILDRED J. GERBER an incapacitated person : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION .' : NO. 21-01-92 IN RE: : IN THE COURT OF COMMON PLEAS OF MILDRED J. GERBER TRUST: CUMBERLAND COUNTY, PENNSYL VANIA UNDER AGREEMENT DATED: ORPHANS' COURT DIVISION DECEMBER 19,1997 : NO. 21-2002-0540 IN RE: : IN THE COURT OF COMMON PLEAS OF FRED E. GERBER, SR.,TRUST:CUMBERLAND COUNTY,PENNSYL VANIA UNDER AGREEMENT DATED: JULY 29,1994 : ORPHANS' COURT DIVISION : NO. 21-1998-0195 IN RE: : IN THE COURT OF COMMON PLEAS OF ESTATE OF FRED E. GERBER, SR. :CUMBERLAND COUNTY,PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 21-1998-0195 '--j FAMILY SETTLEMENT AGREEMENT AND RELEASE .---""5) , " ~--'-, THIS AGREEMENT. entered into !hi, ~3~ day of ~~. 2005. By and among FREDERICK E. GERBER I, hereinafter call "Fred II", JANE ~ GERBER HEFLIN, hereinafter called "Jane", MARILYN J. GERBER, hereinafter called "Marilyn", AMANDA NOEL HEFLIN, hereinafter called "Amanda", SEAN MCCLOUD HEFLIN, hereinafter called "Sean", FREDERICK S. GERBER, hereinafter called "Fred S.", ADRIAN M. GERBER, hereinafter called "Adrian", JACQUELINE M. VERNEY, ESQ. hereinafter called "Jacki"; individuals, and PNC Bank, a Pennsylvania Banking Corporation, in the capacities set forth immediately below, collectively called the "Parties": . Fred 11- Guardian of the Person and the POA of Mildred J. Gerber, hereinafter called "Mildred" Executor of the Estate of Mildred, deceased ~ \J Trustee of the Mildred J. Gerber Trust Agreement dated December 19,1997. Executor of the Estate of Fred E. Gerber Sr. Trustee of the Fred E. Gerber Sr. Trust Under Agreement dated July 19,1994. PNC Bank- Guardian of the Estate of Mildred: Trustee of the Mildred J. Gerber Trust Jacqueline M. Verney, Esquire- Substitute obj ector on behalf of Mildred J. Gerber by Order of Court Dated June 2, 2003. Fred II- Individual and Beneficiary Jane- Individual and Beneficiary Marilyn- Individual and Beneficiary Amanda- Individual and Beneficiary Sean- Individual and Beneficiary Fred S.- Individual and Beneficiary Adrian M.- Individual and Beneficiary BACKGROUND: The circumstances leading to the signing of this Family Settlement Agreement and Release are as follows: A. Fred E. Gerber, Sr. the father, died on February 22, 1998 leaving a Will in which Frederick E. Gerber,!I, was named alternate Executor. B. Fred Sr.'s Will was probated in the office of the Cumberland County Register of Wills and Letters Testamentary were granted to Frederick E. Gerber, II, ( Fred E. Gerber, Sr. Estate is referred to as Fred Sr.'s Estate). C. Fred E. Gerber, Sr. was survived by his wife Mildred J. Gerber and his three children. Marilyn J. Gerber, Frederick E. Gerber, II, and Jane Gerber Heflin. 2 D. Fred E. Gerber, Sr. made a Will and a Trust, the Fred E. Gerber, Sr., Trust under Agreement dated July 29, 1994, herein referred to as Fred Sr.'s Trust. E. The primary beneficiary of Fred Sr.'s Trust was his surviving wife Mildred J. Gerber but the terms of Fred Sr.'s Trust also allowed the Trustee to sprinkle assets and! or income in the Trustee's discretion. Upon Fred, E. Gerber, Sr.'s c,leath the Successor Trustee of Fred Sr.'s Trust was Frederick E. Gerber, II. F. Mildred, the mother, made a Will dated August 2,1999 with some specific gifts and poured the residue into a Trust which she had created during her lifetime and which she amended during her lifetime known as the Mildred J. Gerber Trust under Agreement dated December 19,1997, amended on January 25,2001, hereinafter referred to as Mildred's Trust. Item II of the Will gave all tangible personal property to Fred II. G. PNC Bank was appointed Guardian of Mildred's Estate on March 22, 200l. Fred II was removed as Trustee of Mildred's Trust and PNC BANK became successor Trustee. H. Mildred died on January 14,2003 leaving a Will dated August 2. 1999 which was probated in the Register of Wills Office of the Court. 1. Letter's testamentary on Mildred's Estate were granted to Fred II on January 21, 2003. J. All of the assets of Mildred and Fred, Sr., both of whom are now deceased, form the Gerber Family Assets which are the subject of the above referenced Orphans' Court matters. K. These Gerber Family Assets have been received and are in the administration process as set forth above. L. In addition to the aforementioned three children, there are additional beneficiaries of the Mildred J. Gerber Estate, Mildred J. Gerber Trust, and Fred E. Gerber, Sr. Trust: Amanda Noel Heflin, Sean McCloud Heflin, Frederick S. Gerber and Adrian M. Gerber, grandchildren. M. Fred II, Trustee has filed accountings for the Mildred J. Gerber Trust, with the last accounting being a supplemental to amended and restated first and final account filed on January 28, 2005. N. Fred II, Trustee has filed accountings for the Fred E. Gerber Trust, with the last accounting being a third and partial account filed on January 28, 2005. 3 O. Marilyn has made various charges and claims and/or filed claims against the Estate of Mildred, Trust of Mildred, the Estate of Fred Sr. and the Trust of Fred Sr. P. Marilyn has filed objections to the accounts ofPNC Bank, as guardian of the Estate of Mildred and Trustee of Mildred's Trust. Q. Manlyn has filed objections to the accounts of Fred II Trustee of the Trust of Mildred, Fred II Trustee of the Trust of Fred Sr. R. Marilyn filed exceptions to the report of the auditor and filed an Appeal to the Superior Court ofPA. S. Jacqueline M. Verney, Esquire, substitute objector filed, objections to the above referenced accountings of Fred II. T. Marilyn has made certain claims and/or charges, in addition to the above, against Fred II, Jane, PNC Bank and its personnel, and against the legal counsel of each of them. U. The parties and each of them desire to resolve all [claims, charges, disputes, objections, exceptions, and litigation,] which have occurred over the years and reach an agreement which resolves all [claims, charges, disputes, objections, exceptions, and litigation,] from whatever source whether within the Trusts or either of them, whether within the Estates or either of them or outside the Trusts or Estates and thereby allow the resolution of Fred E. Gerber, Sr. Estate, Fred E. Gerber, Sr. Trust, Mildred J. Gerber Trust, and Mildred J. Gerber Estate, including property distribution and the discharge of all fiduciaries from any liability to the parties in connection with each Estate, each Guardianship, and each Trust. NOW, THEREFORE, in consideration of the premises, promises, covenants and good and valuable consideration recited in this agreement, and intending to be legally bound, the parties agree as follows: 1. Frederick E. Gerber, II as Trustee and/ or Executor shall make from the Gerber Assets payment IN THE SUM OF $200,000.00 cash or equivalent to Marilyn Gerber to be paid without any further recourse. Said payment of the sum of $200,000.00 to Marilyn shall be paid in accordance with Exhibit "A" which Exhibit "A" is attached hereto and incorporated herein pertaining to settlement and distribution date. 2. Marilyn and the above- referenced sum of $200,000.00 to be distributed to her shall not be subjected for any reason to the 4 payment of a refund or contribution to any of the above referenced Estates or Trusts or any of the undersigned parties to this agreement for any amount whatsoever. 3. Further Marilyn and the sum of$200,000.00 to be distributed to her, shall not be subject to payment of, or contribution for paymei1t of, any additional sums which may at any time be determined to be due including but not limited to any costs, expenses, . compensation; present or future claims, demands, obligations, actions, causes of actions, rights, damages, amounts due or owing the Commonwealth of Pennsylvania by reason of inheritance taxes, state or income taxes, amounts due or owing for any federal Estate and / Inheritance taxes, other death taxes, income or personal property taxes, plus all costs, penalties and interest incidental thereto, as well as all counsel fees in the above referenced Estates and Trusts, 4. Frederick E. Gerber, II shall have the authority and sole discretion to cause the above- referenced payment to Marilyn to be paid from the appropriate Trust or Trusts or Estate or Estates as Frederick E. Gerber, II in his fiduciary roles shall select. 5. Marilyn shall retain and shall own all tangible personal property she receives as set forth on Exhibit "B" is attached hereto and incorporated herein. 6. Said tangible personal property identified on Exhibit "B" shall be delivered to Marilyn to a mutually agreed place of exchange as set forth in Exhibit "A". 7. Fred II shall retain and own in accordance with Exhibit "A" to this agreement the following personal tangible property items, currently in Marilyn's possession, identified on Exhibit "C" attached hereto and incorporated herein. 8. The specific gifts set forth in Item III of the LAST WILL AND TESTAMENT of Mildred J. Gerber, dated August 2, 1999, shall be distributed by the Executor to the named specific beneficiaries. Said Item III is attached hereto as Exhibit "D" and incorporated herein. 9. All other tangible personal property not otherwise identified herein or identified on the attached Exhibit "B" or the attached Exhibit "C" shall be retained from the above referenced Trusts and Estates by Jane and Fred II and be distributed in accordance with Mildred's last Will and Testament. 5 10. All af the remaining praperty except the tangible persanal property af the Gerber Family Assets after payment af casts, charges, taxes, legal caunsel, fees, etc. etc. etc. shall be distributed to. Jane. 11. Fred II shall give to. Marilyn at settlement the ariginal af a letter to. Glabal Life Insurance Campany, attached hereto. and marked as Exhibit "E". 12. A. Fred II represents that all Gerber Family Assets wherever lacated in the United States ar Territary, fareign cauntry, aff-share accaunts, whether under any name af the beneficiaries, issue and spauses afthe undersigned ar any ather entity or persan, in any attempt to. shelter such assets af which he has knawledge have been disclased far settlement and/ar identified in the legal actians and matters naw befare the Orphans' Caurt Divisian afthe Caurt af Camman Pleas of Cumberland Caunty. B. Fred II knaws af no. life insurance palicies naming Marilyn as beneficiary. 13. Fred II agrees that he shall nat accept any payment far cammissians ar fees as Executar and/ar Trustee and/ar Guardian ar in any ather Capacity with respect to. the Guardianship af Mildred, incapacitated persan, and the Estates afMildred and Fred Sr. and the Trusts afMildred and Fred Sr. 14. The beneficiaries afthe Guardianships, Estates and Trusts agree that no. further caurt accaunting ar any farm af accaunting shall be required by Fred II and/ar PNC Bank. Further, said beneficiaries cansent to. the withdrawal af any and all accauntings. 15. This Agreement is cantingent upan PNC executing the Full and Final Release attached as Exhibit "F" and incarparated herein ar the executian af a mutual release between PNC, Marilyn and ather parties. 16. The Parties agree that the caurt shall remave and dissalve any and all Orders specifying property afthe Gerber Family Assets as subject to. stays ar arders preventing transfer ar distributian af assets. And theparties agreea. capy af this agreement may be attached to. any petitian as the agreement 0.1' all parties' cansents to. the petitian. 17. Marilyn shall withdraw with prejudice Marilyn's Appeal to. the Pennsylvania Superiar Caurt filed to. No.. 855 MDA 2005. Marilyn shall execute at settlement the attached farm, Exhibit "G", to. do. sa. 6 18. Marilyn shall withdraw with prejudice all Objections filed to all accountings filed by PNC Bank. Marilyn shall execute at settlement the attached form, Exhibit "H", to do so. 19. Marilyn shall withdraw with prejudice all Objections filed to all ; accountings filed by Fred II. Marilyn shall execute at settlement the attached form, Exhibit "I", to do so. 20. Attorney Jacqueline Verney shall withdraw with prejudice all Objections filed to all accountings filed by Fred II. Jacki shall execute at settlement the attached form, Exhibit "J", to do so. 21. A. Marilyn and Fred shall hereinafter have no contact, whatsoever with the other, such as physical, verbal, and lor electronic means, etc. nor with any employer past, present or future or peers or associates ofthe other. B. Marilyn and Jane shall hereinafter have no contact, whatsoever with the other, such as physical, verbal, and/or electronic means, etc. nor with any employer past, present or future or peers or associates of the other. C. Fred II and Jane and their issue hereby waive and relinquish any and all right, claim or entitlementto any property or estate or person of Marilyn under the laws of any state or jurisdiction whether United States or foreign, including but not limited to laws of inheritance, exemptions, intestacy, elective share, family allowance, election against wills or guardianship of persons or estates, medical or non-medical. D. Marilyn and her issue hereby waive and relinquish any and all right, claim or entitlement to any property or estate or person of Fred II and or Jane and their issue under the laws of any state or jurisdiction whether United States or foreign, including but not limited to laws of inheritance, exemptions, intestacy, elective share, family allowance, election against wills or guardianship of persons or estates, medical or non-medical. 22. Marilyn shall have no contact with John Heflin, Amanda Noel Heflin, Sean McCloud Hetlih, Petra Gerber, Adrian M. Gerber or Frederick S. Gerber. 23. Each of the Beneficiaries of any of the above- referenced Guardianships, Estates or Trusts hereby waives and relinquishes 7 all rights and interests in the Gerber Family Assets and in said Guardianships, Estates and Trusts, except as set forth herein. 24. W AlVER OF RIGHTS AND PROCEDURES All parties hereto agree to the following waiver of rights and procedures. A.) This agreement applies to the Gerber Guardianships which are Encompassed in the Estate of Mildred. Therefore, any reference herein to Estate of Mildred also applies to the Guardianships whether mentioned or not. Fiduciary shall mean any fiduciary involved in The Mildred Trust, The Mildred Estate, The Fred Sr. Trust and/or The Fred Sr. Estate. Further, Fiduciary shall include, whether mentioned or not, such Fiduciary's representatives, agents, employees, and attorneys. B.) Marilyn authorizes each Fiduciary herein to use any signed consent or withdrawal by her and/or this Agreement as such Fiduciary may deem appropriate. C.) Upon filing of withdrawals of the objections to the accountings filed by Fred II and/or PNC BANK, each Fiduciary shall withdraw their non-confirmed accountings for The Gerber Matters from The Orphans' Court. D.) Each party consents to the transfer of all Gerber Assets in the possession and control ofPNC BANK, as Guardian of Mildred's Estate, less PNC BANK's expenses and fees, to Fred II as Executor of the Estate of Mildred. E.) Each party consents to relinquishment of the position of Trustee of Mildred's Trust to Fred II and the appointment of Fred II as Trustee of Mildred's Trust. F.) By reason of each and every beneficiary's waiver and relinquishment of interests and rights provided above in Mildred's Estate, Mildred's Trust, Fred Sr.'s Estate and Fred Sr.'s Trust, each and every beneficiary hereby waives the following rights and interests: a.) any and all interest in Mildred's Estate, Mildred's Trust, Fred Sr.'s Estate or Fred Sr.'s Trust, and b.) any and all right to obtain documents or copies of documents from any Fiduciary for these Estates and Trusts, 8 except for personal income tax information which will be issued if applicable, and c.) any and all right to obtain information from any Fiduciary to these Estates and Trusts, and d.) any and all right to challenge, interfere with, object to and/or litigate the acts or conduct of any Fiduciary, past, present or future. G.) Each party consents to the applicable Fiduciary on Fiduciaries resolving the affairs of each Trust or Estate and terminating each Trust and Estate in accordance with this Agreement. H.) Any Fiduciary to any Estate or Trust named herein will file this agreement with the Court to be entered as a Court Order for any or all of the Trusts or Estates named herein. I.) Upon the withdrawal of all non-confirmed accountings, any Fiduciary or Fiduciaries may request the termination of the Auditorship of Attorney William Duncan for the Gerber Accounting. J.) The appropriate Fiduciary or Fiduciaries shall complete the administration of each Estate and each Trust named herein including but not limited to paying any outstanding fees to PNC BANK, Auditor Duncan or Attorney Verney. 25. This Family Settlement Agreement contains the entire agreement among the parties and shall be binding upon each party for the benefit of the lndividuals, Executors, Administrators, Personal Representatives, Heirs, Guardians, Trustees, Legal Counsels, Successors and assigns of each. 26. Each of the parties to this agreement has been represented by Legal Counsel of his, her or its choice, or has had the opportunity to be represented by Legal Counsel. 27. This Agreement may be executed in counterparts. Facsimile signatures shall be considered as valid and binding as original signatures, for'all purposes, however, each party agrees to deliver pages with original signatures to the Fiduciaries or their Legal Counsel. 9 Each undersigned Party has read the foregoing Agreement and fully understands it. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have hereunto set their hands and seal on the day and year first written above. 10 Witness Witness AMANDA NOEL HEFLIN Witness SEAN MCCLOUD HEFLIN Witness FREDERICK S. GERBER ADRIAN M. GERBER L,,-->~~. M V~ 9-?t:?s JA~ELiNE- M.VERNEY, ESQUIRlto Witness PNC BANK 11 " 1,\'jtness MARl.L YN 1. GERBER Witness FREDEPJCK E. GERBER 1I 1Z c.. " / ,?// ~-~?//-h(7' /;' //;./ . /f,:..vr..'--C- ~, l_:t,::::F~::.:/V),'l r;r~ . a G . L// 1"'..", GERBER Hii4 . LX~"'U~~__. ~;(Jd ;/;4-' Witn/;:;:; 'W~ rt:!less v''"l1.l1:;-SS FREDERICK F. GERBER Witlle-ss ADRIAN M. GERBER \Virncss JACQUELINE f'.,i 'i'ERi~'"EY, ESQUIRE Witness MARll. YN J. GERBER Witness FREDERICK B. GERBER n Witness JANE GERBER HEFLIN Witness AMANDA. NOEL HEFLIN :7 I WItness SEANMCCW~ ~ ~R;2 n !3S~ dr'" K S. GER:aER Witness ADRIAN M. GBlUIER Witness JACQUELINE. M. VERNE.Y, ESQUIRE Witness PNC BANK \Vitness Witt\~ss. WitneM _.~ Witness Witness ~I~- r Witness ~ Witness Witness MA..i:{ILYN J. GERBER F'REDERJCK E. GERBER II ,L;\NE GERBER HEFLlNO--- AMANnA NOEL h'"EFLIN SEAN MCCLOLrD~HEFTfN "--- FREDERICK S,GERBER-- ~--i/ #-~__ ADRIAN M. GERBER JACQUELll\1E M, VERNEY,-ESQUIRE ---, PNC BANK 09/23/~!! FRI 14:12 FAX 711 231 118713 RHOADS & SINON LLP IdJ003 WitnesS Witness AMAN'DA NOEL HEFLIN. Williess . SEAN MCCLOUD HEFLIN ." I. . Witnes.o;. . FREDERICK S. GERBER ~~_ r: ADRlANMGERBER , ~.f.-1 !...--MV 9-'7:>50- CtJ7l.RlJL ? ~ / - ... me At"lK '6f.. ~\C\ 't:::.vo~f'\. \J \~ ~~ . "-/ B 09/2;)/05 FRr 14:13 FAX 711 231 6676 RHOADS & SINON LLP 141004 TI-IE GERBER F A.MIL Y SETTLEMENT AGREEMENT AND RELEASE FULL RELEASE OF ALL CLAIMS KNOW ALL P N. c.. e:,~ IL PERSONS BY THESE PRESENTS, thai I, t-:J . A. J - - (PRINT NAME), RELEASOR. for myself individuaIlyand as beneficiary of one otmore on~STATE OF MILDRED J. GERBER. TRUST OF MILDRED J. GERBER, ESTATE OF FRED E. GERBER SR., AND/OR TRUST OF FRED .R GERBER, SR., intending to be legally bound hereby, and in consideration of the promises, premises and covenants contained in THE FAMrL Y SETTLEMENT AGREEMENT AND RELEASE and other good and valuable consideration, receipt whereof is hereby acknowledged,. have remised, released and forever discharged and by these presents do for myself. my agents, assigns, and heirs. my executors, administrators, personal representatives and successors, hereby remise, release and forever discharge each and every party to said F AMIL Y SETTLEMENT AGREEMENT and RELEASE, including FREDERICK E. GERBER II, as an individual and a fiduciary, his executors and administrators. personal representatives, employees, attorneys, agents, Sllccessors, assigns and including PNC BAN"K, as a corporate fiduciary, its representatives, employees, attorneys, agent successors, assigns and including Mildred's Estate, Mildred's Trust, Fred Sr.'s Estate and Fred Sr.'s "I'mst of and from all actions, CHuses of action, claims suits. controversies, trespasses, damages. judgments and demands in any fOrol whatsoever, including attorneys fees, at law or in equity arising from or by reason Olany and all known or unknown. foreseen or unforeseen injunes, claims, charges, costs, demands liabilities, expenses, actions, causes of action, judgments, executions Qr damnges whether or not relating to any or the above-referenced Gnardianships, Estates or Trusts ,p!)~n.! 09/2.3/0~ FRI 14:1.3 F,'\X 717 231 6676 RHOADS & SINON LLP ~O()~ Furthermore, the parties, and each of them, hereby forever release, compromj~e, settle and discharge any and all claims, demands, actions or causes of action, legal or equitable, absolute or contmgent, vested or hereafter to accrue, which any or some of them hod, now have or may have against any other party hereto, some other parties hereto or all other parties hereto, by reason of any matter, cause or thing a..'"ising out of any of the above-ref,;rcnced Guardianships, Estates or Tnu:til and/or [.elating to any property or Mscts referred to herein as the Gerber Family Assets and/or arising out of any act of any fiduciary identitied hereinabove, whether relating to administration of any of the Guardianships, Estates or Trusts or by reason of any other matter, cause or thing and/or relating to each party hereto. some of them or all oflhem. It is understood and agreed that to the extent this Family Settlement Agreement and Release is a compromise of a disputed claim or claims and the said Agreement on any consideration is not to be construed as an admission of liability on the part of the parties released Or any party thereof as the Releasees deny any liability therefore and intend merely to avoid fur+.her litigation and buy their pe..1ce. The llr.dcrsi~.,'ned declares and represents that no promise, inducement or agreement noL stated in the Family Settlement Agreement and Release has been made to the undersigned and that this Family Settlement Agreement and Release contains the entire agreement among the parties hereto. and that the terms of this Release arc eontmctual and not a mere recital. Tn further consideration of the Agrccrncnl, I do for myself, my heirs. next of kin, e:<ccutors, administrators, successors or assigns, covenant and agree [0 indemni fy and hold 2 1)9/2.;3/(J~ FRI 1.4:l4 :FAX 11'7 2;'1 "076 RHOADS & SINON LLP ~006 hannless Fred IT and/or PNC BANK, their Agents, employees, and attorneys from alJ claims, demands and suits fer damages, cost~, expenses, attorneys fees or compensation which L or my heirs, next of kin, executors, administrators, SuCcessors or assigns have or may have in the future on account of or in any way arising out of the tinal administration of the above-referenced Guardianships, Estates and/or Trusts~ TIle execution by PNC Bank. N.A., of the Gerber Family Setilem8Tl1 Agreement and this Release is expressly contingent upon the full and complete performance of the tenns of the Gerber Family Settlement Agreement by all parties; and the entry of an Order confirming the Accounts filed by PNC Bank, N.A" ordering distribution of the balance for distribution 51lOwn in the Accounts filed by PNC Bank, N.A., and discharging PNC Bank, N.A. [rom all future liability as Trustee of the Mildred J. Gerber Trust and the Guardian of the Estate of Mildred J. Gerber, an inca.pacitated person, TIIE UNDERSIGNED HAS READ THE FOREGOING RELEASE A]\;'D FULLY UNDERSTANDS IT IN WITNESS WHEREOF, oud intending to be legally bound hereby 1 have hereunto set my hand and sea 1 on this ~2) day of ~~~~ ,2005 . ~ \ 1--Jt>t. 6;"/~ Releasor ":co..v 1 dJYo\DY"'I Print Name ~()JU\J2 f- ~ ~ttrc s () \j ~."~ f,)\~gcl.uu- Wimcss 3 / . . X I It. II " THE GERBER F AMIL Y SETTLEMENT AND RELEASE EXHIBIT "A" A. Settlement shall occur on Friday, September 09,2005 at the offices of Jacqueline M. Verney, Esquire or such other place as Attorney Verney shall designate. / Said time of settlement to be determined by Attorney Verney. B. The purpose of this settlement is to execute the Family Settlement Agreement and Release and its Exhibits. c. The first distribution date shall occur within five (5) business days ofPNC BANK's execution of the Family Settlement Agreement and Release or PNC BANK's execution ofa consent to the terms of said Agreement. On this first distribution date, Fred II shall cause the sum of $1 00,000.00 to be wired to Attorney Stanley Laskowski's escrow account as the first part of the payment to Marilyn under said Agreement. S E p F. ~ (., ;;to 0 51 . u. , SEP4!' On 3fH'l.'l.e eats, Marilyn shall cause to be delivered to the Office ofRUPP AND MEIKLE those items of personal tangible property identified on Exhibit "e" to said Agreement, the items to be transferred to Fred II. D. The second distribution date shall occur on October 5,2005 when Fred II shall cause the sum of $100,000.00 to be wired to Attorney Stanley Laskowski's escrow account as the final partial payment to Marilyn under said Agreement. On October 29,2005, Fred II shall cause the personal tangible property identified on Exhibit "B" to be made available to Marilyn at a secure storage location. · .f x.. I I II II , , i I ~ ==<...., f' EXHIBIT "B" Personal Tangible Property which is to be retained by Marilyn Gerber: ./ A. Marilyn shall retain all tangible personal property Marilyn has already received from the Gerber Family Assets in her possession, except for the specific items of personal tangible property to be transferred to Frederick E. Gerber II per E~ibit "C" B Marilyn shall receive from the Gerber Family Assets which PNC has placed into storage the attached list of personal tangible property items in "AS - IS" condition, as listed on PNC Inventory and Harrisburg Storage List. If any item or items cannot be found, said item or items are waived and relinquished by Marilyn. C. Said items referenced herein above in "B" shall be delivered to Marilyn accordance with the terms of the Agreement and Exhibit "A". D. PNC will contact Mr. Rhoades concerning Box of Crystal left in Garage marked "Mert". I:XHISIT B Livino Room ,. Yellow colored uphoistery ohair (ball and claw footed chair) 2. Tile Table with gold metal legs 3. Japanese princess dolls in Q/asscase 4. Martha Washington Sewing table.. . 5. (1) blue WedgwoOd top candy dish 6. Two White Japanese children ceramic figurinef.:j ".'.. Dininq Rooll') 7. Baccarat crystal and glassware 8. Tea caddy table 9. One 1 an platter - peach design 10. One Set china (COmplete with brown fal/ colors) 1,. Luneville tea/eoffee set that goes with the cups/saucers and plates 12. My aUnt's flowered tablecloths YJ/fJt(9/- 9/rtj~ />- , I .., 4 Chi ~/A C46uJe-c 1",-,. 1"1 Family Room 13. Sewing table (WOOden) .. 14. Green cabinet/glass doors. r..r11/IJ 15. Marble top s~nd (14.5 x 19.5) fjS:P' dI~ r 16. Two Wooden Ec.'IOK. G .4.$; ~ S k. 17. Flowered wing back chair 18. Japanese wooden box tops 19. Two matchIng Wooden rush seat Windsor chairs 20.3-4 Japan... figurin..;o green cab;n.' (1-of old lady and man and roOSIe", and m, knick knacks K~h~ ~ 21. My Champion juicer 22. White blender 23. White kitchen tabla (oile drawer) 24. Dirt Devil carpet sweeper 25. Mise plates, pots, pans. old aSSorted utensils, bowls, Kitchenaid mixer 26. Two of the bird plates 8" Uostairs 2.7. Small stOol with cloth fabric top, WOodel11egs 28. Wash stand oak 2.9. Five drawer dresser black and white drawers 30. Green slant top desk in my bedrOOm 31. Dr~sser in mv bedroom and mirror 32. Small oak box with cruets inside - paper inside with my name 1 33. Victorian straight chair, orange print fabric 34. Antique drawer stand Aunt Flo's 35. Doubled oak mirror 3$, Eureka vacuum cleaner 37. Dining room table (Mom used as sewing table in my bedroom) 38. Green box painted in my bedroom 39. CurrQ.cabinet in my bedroom oak 40, Air my boxes of coliege high schpor books design projects 41. Cane seated chair in my bedroom with gold /eafpainted desigr'! 42. My Persian wool coat with fox collar . 43. All my clothes and boxes from basement 44. Mom's Comell diploma 45. My footlockers in basement 46. My expensive bicycle in basement 47. Brown top painted wooden drop-leaf table 48. Brass angel candie holder 49. One fake tree with pink flowers 50. One white vase with roses on It (ceramio); One painted angel ceramic with glitter 51. Two yellow gold wool blankets 52. Black and gold thread evening jacket 53. One third of Morn's clothes 54. One pair of rosaries, religiolJs medals ).. ::)J/~. 3 h/l-SIAN l?.uG,s (6LIAC/;<FD Jewelry . 55. Gold frog 56. Sf Augustine school pin 57. One aquamarine pendant 58. Japanese lacquer mirror and stand 59. Mom's three strand wedding pearls 60. Mom's waddIng ring and engagement ring L) ~tI. I>.~ ~f4 . r Other 61. SWiss mantle clock with columns-that was mine from Aunt Flo-taken from Mom's house 62. Sliver accessories from wooden (?); one third (1) silver bOwl (1) silver platter 63. All pictures of me as a child or with family - one of Mom's weddIng piotures _ figurine of woman green hair and face (brownish) 64, One metal cabinet up in bedroom (metal) Basemant Is where my footlockers with my mementos are and my suitcases with my mementos and boxes of my paints/arts/craft samples, fabric, two wardrobe boxes with hanging clothes.q lth Ml 'M' eI 0",,,",1 ,IoOtWa.. . -y.." OR b,. -~ "", 't:>(' i1f/tr- 2 . . X. I It. II II GERBER FAMILY SETTLEMENT AND RELEASE EXHIBIT "c" Personal Tangible Property which is to be owned by Frederick E. Gerber II. A. Fred II shall retain all tangible personal property identified hereinbelow on this Exhibit. . If Marilyn has these items in her possession, she shall transfer said items of personal tangible property to Frederick E. Gerber II. / B. Said items referenced hereinabove shall be delivered to Fred II, in accordance with the terms of the Agreement and Exhibit "A" thereto are more specifically identified as follows: 1. The silverware service set which pieces are engraved with the letter "G" and the accompanying wooden, felt lined container; and 2. The stamp collections including two (2) book bound volumes with all original stamps and three (3) - 3 ring binders with all enclosed original stamps and inserts; and 3. Antique sleigh bed consisting of a head board, a foot board and accompanying side boards, which sleigh bed was removed from Fred II's bedroom at 623 Hilltop Drive, New Cumberland, P A.; and 4. All of Fred E. Gerber Sr.'s assorted military awards, all Fred E. Gerber Sr.'s decorations, all Fred E. Gerber Sr.'s citations, all Fred E. Gerber Sr.'s memorabilia and mementos, including but not limited to ribbons, insignias, and patches, all of Fred E. Gerber Sr."s photographs, slides, negatives, film commendations. ; / . . X I I II II ITEM III - I make the following specific gifts: (a) To my brother Paul - $100.00. (bY . To my brother Tom - $300.00. (c) To the daughter and son of my daughter Jane N. Heflin (my grandchildren) - $500.00 each. / (d) To the sons of my son Fred E. Gerber II (my grandchildren)- $500.00 each. (e) To Saint Theresa's R. C. Church, New Cumberland, Pennsylvania - $2,000.00. (f) To Saint Mark's R. C. Church, CatonsvilIe, Maryland - $1,000.00. (g) To the Order of the Holy Cross, South Bend, Indiana - $2,000.00. (h) To the Order of Saint Joseph's, Wheeling, West Virginia - $1,500.00. ITEM IV - All the rest, residue and remainder of my Estate, real, personal and mixed I give to the Trustee of the Trust created under a Revised and Restated Trust Agreement dated l\ U 011 h+ 2- q I , 1999 by and between me, Mildred J. Gerber, as Grantor and Fred E. Gerber II as Trustee, to be held, administered, and distributed pursuant to the provisions of that Trust Agreement. Initials 1fl Or !J- Pa~ : / · I.t X.. I II II 9 September 2005 Globe Life Insurance Dear Sir: I am Frederick E. Gerber II, Trustee and Executor for the Fred E. Gerber Sr. Estate. Fred 'E. Gerber Sr. died 22 Feb 1998, Marilyn Gerber, DOB 12 Oct 50, recently made me aware her insurance policy has lapsed and terminated. Marilyn informs me she was unaware of her requirement or opportunity to purchase additional insurance or that she was required to pick up premium payments to maintain currency. I respectfully request Globe Life Insurance reinstate Marilyn's life insurance policy. Marilyn will provide payment to reinstate the policy. Please contact Marilyn Gerber directly reference this action: Her address is: 717 Market Street, #317, Lemoyne, PA 17043. Tel 717.503.5280. tor r Estate and Trust / · I.t x.. I II II THE GERBER FAMILY SETTLEMENT AGREEMENT AND RELEASE FULL RELEASE OF ALL CLAIMS KNOW ALL. PERSONS BY THESE PRESENTS, that I, ~Lq lA. f-L ,..h h, V"-fCtv' '<.AJ I ( PRINT NAME) , RELEASOR, for myself ./ / individually and as beneficiary of one or more of ESTATE OF MILDRED 1. GERBER, TRUST OF MILDRED J. GERBER, ESTATE OF FRED E. GERBER SR., AND / OR TRUST OF FRED E. GERBER SR., intending to be legally bound hereby, and in . consideration of the promises, premises and covenants contained in THE FAMILY SETTLEMENT AGREEMENT AND RELEASE and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged and by these presents do for myself my agents assigns, and heirs, my executors, administrators, personal representatives and successors hereby remise, release and forever discharge each and every party to said F MAlLY SETTLEMENT AGREEMENT and RELEASE, including FREDERICK E. GERBER II as an individual and a fiduciary, his executors, and administrators, personal representatives, employees, attorneys, agents, successors, assigns, and including PNC BANK as a corporate fiduciary, its representatives, employees, attorneys, agent successors, assigns and including Mildred's Estate, Mildred's Truse, Fred Sr.'s Estate and Fred Sr. 's Trust of and from all actions, causes of action, claims, sllits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, including attorneys fees, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen, injuries, claims, charges, costs, demands, liabilities, expenses, actions, causes of action, 1 judgments, executions or damages whether or not relating to any of the above referenced Guardianships, Estates or Trusts. Furthermore, the parties, and each of them, hereby forever fully release, compromise, settle and discharge any and all claims, demands, actions or causes of actions, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any or some of them had, now have / ./ or may have against any other party hereto, some other parties hereto or all other parties hereto, by reason of any matter, cause or thing arising out of any of the above referenced Guardianships, Estates or Trusts and / or relating to any property or assets referred to herein as the Gerber Family Assets and/or arising out of any act of any fiduciary identified hereinabove, whether relating to administration of any of the Guardianships, Estates or Trusts or by reason of any other matter, cause or thing andl or relating to each party hereto, some of them or all of them. It is understood and agreed that to the extent this Family Settlement Agreement and Release is a compromise of a disputed claim or claims and the said Agreement on any consideration is not to be construed as an admission of liability on the part of the parties released or any party thereof as the Releasees deny any liability therefor and intend merely to avoid further litigation and buy their peace. The undersigned declares and represents that no promise, inducement or agreement not stated in the Family Settlement Agreement and Release has been made to the undersigned and that this Family Settlement Agreement and Release contains the entire agreement among the parties hereto, and that the terms of this Release are contractual and not a mere recital. 2 In further consideration of the Agreement, I do for myself, my heirs, next of kin, executors, administrators, successors or' assigns, covenant and agree to indemnify and hold harmless Fred II and / or PNC BANK their agents, employees, and attorneys from all claims, / / demands and suits for damages, costs, expenses, attorneys fees or compensation which I, or my heirs, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in anyway arising out of the final administration of the above. referenced Guardianships, Estates and/or Trusts. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound hereby I have hereunto set my hand and seal on this q i-L... day of ~JL-j~ ,2005. ~-' (Vl L~ RELEASOR Witness d;+c Ct [,\ f...- ( uj' ~ (L-,\ U L ,<:;,,' [..; PRlNTNAME ' 3 THE GERBER F AMIL Y SETTLEMENT AGREEMENT AND RELEASE FULL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, ,..-- FfIE..iYzL,C rL ';=. ~*~~ , ( PRINT NAME) , RELEASOR, for myself / individually and as beneficiary of one or more of ESTATE OF MILDRED J. GERBER, TRUST OF MILDRED J. GERBER, ESTATE OF FRED E. GERBER SR., AND / OR TRUST OF FRED E. GERBER SR., intending to be legally bound hereby, and in consideration of the promises, premises and covenants contained in THE F AMIL Y SETTLEMENT AGREEMENT AND RELEASE and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged and by these presents do for myself my agents assigns, and heirs, my executors, administrators, personal representatives and successors hereby remise, release and forever discharge each and every party to said F AMIL Y SETTLEMENT AGREEMENT and RELEASE, including FREDERICK E. GERBER II as an individual and a fiduciary, his executors, and administrators, personal representatives, employees, attorneys, agents, successors, assigns, and including PNC BANK as a corporate fiduciary, its representatives, employees, attorneys, agent successors, assigns and including Mildred's Estate, Mildred's Truse, Fred Sf. 's Estate ,md Fred Sf.'S Trust of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in~I1Y form whatsoever, including attorneys fees, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen, injuries, claims, charges, costs, demands, liabilities, expenses, actions, causes of action, judgments, executions or damages whether or not relating to any of the above referenced Guardianships, Estates or Trusts. / Furt~ermore, the parties, and each of them, hereby forever fully release, compromise, settle and discharge any and all claims, demands, actions or causes of actions, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any or some of them had, now have or may have against any other party hereto, some other parties hereto or all other parties hereto, by reason of any matter, cause or thing arising out of any of the above referenced Guardianships, Estates or Trusts and / or relating to. any property or assets referred to herein as the Gerber Family Assets and/or arising out of any act of any fiduciary identified hereinabove, whether relating to administration of any of the Guardianships, Estates or Trusts or by reason of any other matter, cause or thing and/ or relating to each party hereto, some of them or all of them. It is understood and agreed that to the extent this Family Settlement Agreement and Release is a compromise of a disputed claim or claims and the said Agreement on any consideration is not to be construed as an admission of liability on the part of the parties released or any party thereof as the Releasees deny any liability therefor and intend merely to avoid further litigation and buy their peace. The undersigned declares and represents that no promise, inducement or agreement not stated in the Family Settlement Agreement and Release has been made to the undersigned and that this Family Settlement Agreement and Release contains the entire agreement among the parties hereto, and that the tenns of this Release are contractual and not a mere recital. 2 In fu~her consideration of the Agreement, I do for myself, my heirs, next of kin, executors, administrators, successors or assigns, covenant and agree to indemnifY andhold harmless Fred II and I or PNC BANK their agents, employees, and attorneys from all claims, / demands and suits for damages, costs, expenses, attorneys fees or compensation which I, or my heirs, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in any way arising out of the final administration of the above-referenced Guardianships, Estates and/or Trusts. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be legally bound hereby I have hereunto set my hand and seal on this 1~ day of 5;::'{>r"-lO\ ~~ ,2005. , Witness Pe..~ ~LI(.(~ ~. \'::~IL;;- PRINT NAME 3 THE GERBER FAMILY SETTLEMENT AGREEMENT AND RELEASE FULL RELEASE OF ALL CLAIMS KNOW ALL PERSONS BY THESE PRESENTS, that I, ;1/f1f-j2jLfAJ ::;: qt::~ ( PRINT NAME) , RELEASOR, for myself individually and as beneficiary of one or more of EST A TE OF MILDRED 1. ,/ GERBER, TRUST OF MILDRED J. GERBER, ESTATE OF FRED E. GERBER SR., AND / OR TRUST OF FRED E. GERBER SR., intending to be legally bound hereby, and in consideration of the promises, premises and covenants contained in THE FAMILY SETTLEMENT AGREEMENT AND RELEASE and other good and valuable consideration, receipt whereof is hereby acknowledged, have remised, released and forever discharged and by these presents do for myself my agents assigns, and heirs, my executors, administrators, personal representatives and successors hereby remise, release and forever discharge each and every party to said F AMIL Y SETTLEMENT AGREEMENT and RELEASE, including FREDERICK E. GERBER II as an individual and a fiduciary, his executors, and administrators, personal representatives, employees, attorneys, agents, successors, assigns, and including PNC BANK as a corporate fiduciary, its representatives, employees, attorneys, agent successors, as~figns and including Mildred's Estate, Mildred's Truse, Fred Sr.'s Estate and Fred Sf.'S Trust of and from all actions, causes of action, claims, suits, controversies, trespasses, damages, judgments, and demands in any form whatsoever, including attorneys fees, at law or in equity, arising from or by reason of any and all known or unknown, foreseen or unforeseen, injuries, claims, charges, costs, demands, liabilities, expenses, actions, causes of action, 1 judgments, executions or damages whether or not relating to any of the above referenced Guardianships, Estates or Trusts. / Furt~ermore, the parties, and each of them, hereby forever fully release, compromise, settle and discharge any and all claims,-demands, actions or causes of actions, legal or equitable, absolute or contingent, vested or hereafter to accrue, which any or some of them had, now have or may have against any other party hereto, some other parties hereto or all other parties hereto, by reason of any matter, cause or thing arising out of any of the above referenced Guardianships, Estates or Trusts and / or relating to any property or assets referred to herein as the Gerber Family Assets and/or arising out of any act of any fiduciary identified hereinabove, whether relating to administration of any of the Guardianships, Estates or Trusts or by reason of any other matter, cause or thing and/ or relating to each party hereto, some ofthem or all of them. It is understood and agreed that to the extent this Family Settlement Agreement and Release is a compromise of a disputed claim or claims and the said Agreement on any consideration is not to be construed as an admission ofliability on the part of the parties released or any party thereof as the Releasees deny any liability therefor and intend merely to avoid further litigation and buy their peace. The undersigned declares and represents that no promise, inducement or agreement not stated in the Family Settlement Agreement and Release has been made to the undersigned and that this Family Settlement Agreemeht and Release contains the entire agreement among the parties hereto, and that the terms of this Release are contractual and not a mere recital. 2 In fu~her consideration of the Agreement, I do for myself, my heirs, next of kin, executors, administrators, successors or assigns, covenant and agree to indemnify and hold harmless Fred II and / or PNC BANK their agents, employees, and attorneys from all claims, / demands and suits for damages, costs, expenses, attorneys fees or compensation which T, or my heirs, next of kin, executors, administrators, successors or assigns have or may have in the future on account of or in any way arising out of the final administration of the above-referenced Guardianships, Estates and/or Trusts. THE UNDERSIGNED HAS READ THE FOREGOING RELEASE AND FULLY UNDERSTANDS IT. IN WITNESS WHEREOF, and intending to be Ie ally bound hereby I have hereunto set my hand and seal on this c;i/.---day of ,2005. ~~.k~ It ss Witness #.#VLf/J v: ~ PRINT N E 3 ./ . . X.. I It II II IN THE SUPERIOR COURT OF PENNSYL VANIA In Re: Estate of Mildred J. Gerber, An incapacitated person In Re: Mildred J. Gerber Trust Under Agreement Dated December 19, 1997 Marilyn J. Gerber, Appellant 855 MDA 2005 v. PNC Bank et. aI., Appellee PRAECIPE TO DISCONTINUE APPEAL TO THE PROTHONOTARY: Please discontinue with prejudice the above-captioned appeal. Dated: f-fr:lM~ I ./ - I-t X, I II II IN RE: : IN THE COURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBER.19,1997 : NO. 21-2002-0540 / PRAECIPE TO WITHDRAW OBJECTIONS To the Clerk of Orphan's Court: ., the undersigned, Marilyn J. Gerber, hereby withdraw with prejudice my objections filed to the accounting of PNC Bank, N.A. in the above captioned matter.! IN RE: ESTATE : IN THE (:OURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, : PENNSYLVANIA MILDRED J. GERBER : NO. 21-01-92 PRAECIPE TO WITHDRAW OBJECTIONS / To the Clerk of Orphan's Court: I, the undersigned, Marilyn J. Gerber, hereby withdraw with prejudice my objections filed to the accounting of PNC Bonk, N.A. in the above captioned matter. . . / · I.t X ... I II II IN RE: : IN THE COURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION FRED E. GERBER, SR., TRUST UNDER AGREEMENT DATED JULY 29, 1994 : NO. 21-1998-0195 / PRAECIPE TO WITHDRAW OBJECTIONS To the Clerk of Orphan's Court: I, the undersigned, Marilyn J. Gerber, hereby withdraw with prejudice my objections filed to the accounting of Frederick E. Gerber, II in the above captioned matter. IN RE: MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBE~ .19,1997 : IN THE COURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-2002-0540 / PRAECIPE TO WITHDRAW OBJECTIONS To the Clerk of Orphan's Court: I, the undersigned, Marilyn J. Gerber, hereby withdraw with prejudice my objections filed to the accounting of Frederick E. Gerber, II in the above captioned matter. / . . X.. I It II II IN RE: : IN THE COURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBER" 19, 1997 : NO. 21-2002-0540 ./ PRAECIPE TO WITHDRAW OBJECTIONS To the Clerk of Orphan's Court: I, the undersigned, Ja(quel~ne M. Verney, Esquire, hereby withdraw with prejudice my objections filed to the accounting of Frederick E. Gerber, II in the above captioned maHer. IN RE: : IN THE COURT OF COMMON PLEAS : OF : CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION FRED E. GERBER, SR., TRUST UNDER AGREEMENT DATED JULY 29, 1C194 : NO. 21-1998-0195 PRAECIPE TO WITHDRAW OBJECTIONS / To the Clerk of Orphan's Court: I, the undersigned, Jacqueline M. Verney, Esquire hereby withdraw with prejudice my objections filed to the accounting of Frederick E. Gerber, II in the above captioned matter. ~vt!:~