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Home My WebLink About09-15-06 , IN THE MATTER OF THE ESTATE OF HELEN S. BRESSLER, DECEASED REGISTER OF WILLS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA File No. 21-05-00557 ESTATE SETTLEMENT AGREEMENT C) C""":; 0 ~:~ ::D -:=+0 "~:I ~~:>. rr"l :,~ 2t~ 5Z J(-)O -) C2 - 1'1 '~:o . :-j :0 P" ,....., ~ ~ 0" (/) f'T1 -0 v' THIS AGREEMENT, made this 17th day of August 2006, WIT N E SSE T H: THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows: 1. Helen S. Bressler (the "Decedent"), a widow, died testate on May 8, 2005, and David S. Bressler duly qualified with the Register of Wills of Cumberland County, Pennsylvania, as Executor (the "Executor") of her probate Estate (the "Estate"). 2. Paragraphs 2 and 3 of the Will provide as follows: "I give my tangible personal property and all casualty insurance that I am carrying on said tangible personal property to my husband, Paul E. Bressler, ifhe survives me. I have complete confidence that my husband or my Executor will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not so distributed shall be sold, and the proceeds added to my residuary estate to pass as hereafter described. "I give, devise, and bequeath the rest, residue and remainder of my estate, real and personal, to my husband. Should he not survive me, I give, devise, and bequeath such rest, residue and remainder in shares as follows: A. Nine-sixteenths (9/16) to my husband's nephew, David S. Bressler, absolutely, if he survives me, or if he fails to survive me, to my niece-in-Iaw, Mary C. Bressler; B. Three-sixteenths (3/16) to Trinity United Methodist Church, New Cumberland, Pennsylvania, absolutely, without restriction as to use; C. Four-sixteenths (4/16) to Shriners Hospitals for Children, Philadelphia, Pennsylvania, absolutely, without restriction as to use. \../' ~ :; --n -oi"n fn (."'""") (.- OJ C") ;':~e3 ITll1l ~.oC (-:-)0 ."n -'-1 ~;:~ ,..-- rTl r'- u')O -r1 - - .' w 3. Paul E. Bressler died on September 11, 2001. 4. David S. Bressler, Trinity United Methodist Church, and Sooners Hospitals for Children (the Beneficiaries") desire the Executor 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"). 3. The Beneficiaries 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 Informal Account (the "Account") and the Schedule of Distrlbution (the "Schedule") which are attached hereto as Exhibits "A" and "B," and incorporated herein by this reference. The Beneficiaries desire that the terms of the Schedule be in full satisfaction of their rights in the Estate. 4. 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. 5. The Executor is willing to settle the Estate informally in consideration of the indemnifications hereinafter provided by the Beneficiaries. NOW, THEREFORE, in consideration of the foregoing and intending to be legally bound, jointly and severally, the Beneficiaries, for themselves, their heirs, personal representa- tives, successors and assigns: 1. 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. Acknowledge receipt of a copy of the Account and a copy of the Schedule. 3. Declare that they have had the opportunity to review the Account and based upon an examination (or on their decision not to make such an examination), they are satisfied that they have sufficient information to make an informed waiver of their rights to a formal accounting with the Court, and do hereby waive the filing and auditing of the same. 4. Accept the Account, examined or not, as if the same had been duly filed with and audited, adjudicated, and confirmed absolutely by the Court. 5 . Acknowledge that the distributive share or amount received shall be in full satisfaction of their respective entitlements under the Will, and ac- knowledge that they have received their respective shares. 6. Release, remise, quitclaim and forever discharge the Executor, his heirs, personal representatives, successors and assigns, from and against all claims that they, as residuary legatees and heirs had, now have, or may in the future have, in connection with the Estate. 7. 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 have been improperly made. 8. 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 or not related to the negligence of the Executor) that may hereafter be asserted against the Estate or against the Executor. 9. Consent to the Court exercising personal jurisdiction over them in any suit or action arising out of the enforcement of this Agreement. 10. Represent and warrant that the persons executing this Agreement on behalf of Trinity United Methodist Church and Shriners Hospitals for Children are authorized to act on behalf of those respective organizations. IN WITNESS WHEREOF, and intending to be legally bound, the Beneficiaries have caused the attached Consents to this Estate Settlement Agreement, to be formally and appropriately executed, all intending to be legally bound hereby. -3- CONSENT TO ESTATE SETTLEMENT AGREEMENT I, DAVID S. BRESSLER, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Helen S. Bressler, deceased, a copy of which Estate Settlement Agree- ment has been provided to me. J9~.:p~~~.~~ DAVID S. BRESSLER COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the /7 day of.... ~/f 2006, before me, the undersigned officer, personally appeared DA VID S. BRESSLER, 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. Ck. ~~ Notary ~blic COMMONWEALTH OF PENNSYLVANIA NolarIaI Se&I 0l8f)'l L Krouse, NoIIIry PublIc L.aIImor8 Twp., York Ccu1ty My Co......... ExpIres 0cl16, 2008 Member. Pennsylvania Association Of Notaries -4- CONSENT TO ESTATE SETTLEMENT AGREEMENT I, George W. Zimmerman, an authorized representative of Trinity United Methodist Church, New Cumberland, Pennsylvania, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Helen S. Bressler, deceased, a copy of which Estate Settlement Agreement has been provided to me. TRINITY UNTIED METHODIST CHURCH BY~~~,,-, Church Administrator COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this, the ~ day of ~ 2006, before me, the undersigned officer, personally appeared GEORGE W. ZIMMERMAN, who acknowledged himself to be the Church Administrator of Trinity United Methodist Church, and that he as such Church Administrator, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing his name as such Church Administrator. IN WITNESS WHEREOF, I hereunder set my hand and official seal. COf.1MOt.MtEAL TH OF PENNSYLVANIA NctarIBJ Seal D8na L V.'IesemaI.. NoIary PWIIc l..srrqne Boro, Cunbertand COUty My CclrnmIBsIo.. ecpns Nov. 15. 2DOB Member. Pennsylvania Association Of Nota..... ~~l0~ Notary Public CONSENT TO ESTATE SETTLEMENT AGREEMENT I, Jay Fleisher, an authorized representative of SHRlNERS HOSPITALS FOR CHILDREN, Philadelphia, Pennsylvania, hereby consent to and join in the Estate Settlement Agreement relating to the Estate of Helen S. Bressler, deceased, a copy of which Estate Settlement Agreement has been provided to me. SHRlNERS HOSPITALS FOR CHILDREN STAlE OF FLORIDA SS. COUNTY OF HILLSBOROUGH On this, the 17th day of August ,2006, before me, the undersigned officer, personally appeared JAY FLEISHER, who acknowledged himself to be the Managing Attorney ofSHRINERS HOSPITALS FOR CHILDREN, and that he as such Managing Attorney, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing his name as such Managing Attorney. He is personally known to me. IN WITNESS WHEREOF, I hereunder set my hand and official seal. NO~L. ikJVV"2V1 ,.,.V Pct, Vane..a L. Heitzman f~* Commission' O~225 "'- Expires July 27. 20~1O'9 ..,.", .....""'...........-.11I:. ~ EXHIBIT A Accounting for the Estate of Helen S. Bressler, Deceased Assets in Inventory (Valued as of Date of Death) Smith Barney Investment Account (Acct. #724-06312-12 364) Pre-paid Funeral Insurance Total Inventory (Date of Death Value) Assets in Inventory (Current Value) Smith Barney Investment Account Interest (Acct#724-06312-12 364) Credit Refund (Alert Pharmacy) ING Insurance death benefit PSERS credits for pension and medical insurance Total Change in Inventory (Current Value) Total Inventory (Current Value) Estate EXDenses Administrative Exoenses Funeral and related expenses (Hugh B. Hughes & Son) Attorney Fees (Pecht & Associates, PC) Probate Fees and Expenses Charge for printed checks for estate account Federal and State Taxes Pennsylvania Department of Revenue Inheritance Tax Debts of Decedent Bethany Village Skilled Nursing Gift & Associates (2005 income tax preparation) Executor Commission Total Estate Expenses Executor Fee/Payment Net Value Available for Distribution to Beneficiaries $44,511.72 6,950.00 51.461. 72 $981.42 217.65 1,115.59 271.00 $2.585.66 $54.047.38 $470.00 1,999.00 496.93 16.99 3,286.55 2,078.00 215.00 2,700.00 $11.262.47 $2.573.00 $42.784.91 EXHIBIT "B" SCHEDULE OF DISTRIBUTION 1. David S. Bressler (nine-sixteenths) 2. Trinity United Methodist Church (three-sixteenths) 3. Sooners Hospitals for Children (four-sixteenths) TOTAL ASSETS DISTRIBUTED $24,066.51 8,022.17 10696.23 $42.784.91 AFFIDA VII David S. Bressler, Executor under the Will of Helen S. Bressler, Deceased, hereby declares under oath that he has fully and faithfully discharged the duties of his office; that the foregoing First and Final Account is true and correct, and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Estate have been paid in full; that the first complete advertisement of the grant of letters was more than four months from the date the account was filed; that, to his knowledge, there are no claims now outstanding against the Estate; and that all taxes presently due from the Estate have been paid. ~~~~ David S, Bressler Sworn to or affirmed and subscribed before me this I 7 day of ~~ljI ,2006 ~:t/do~ MY COMMISSION EXPIRES: ~EALTH OF PENNSYlVANIA NotartaI Sell Q18I)I L Krouse. NoIBry NlIIc 1.aIrnor8l\\p.. Yartc CcuIty My Ca..ttiwlu.. &pns Oct 16. 2008 Member, ~nnaylvanla Association Of Notaries . Register of Wills of Cumberland County INVENTORY Estate of Helen S. Bressler Estate No. 21-05-00557 Also known as , Deceased Date of Death M.::lY A. ?()()" Social Security No. 195-07-7035 , ])avid S. Bressler , Personal Representative(s) of the above Estate, deceased, verify that the items appearing on the following inventory include all of the personal assets wherever situate and all of the real estate in the Commonwealth of Pennsylvania of said Decedent, that the valuation placed opposite each item of said inventory represents its fair value as of the date of the Decedent's death, and that Decedent owned no real estate outside the Commonwealth of Pennsylvania except that which appears in a memorandum at the end oftbis inventory (PEF 9 3301). IIWe verify that the statements made in this inventory are true and correct. I/We understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Name of Attorney: Wayne M. Pecht, Esq. Personal Representative: David S. Bressler J.D. No.: 38904 Address: 205 Harrisburg. pike Address: 1205 Manor Drive, Suite 200 Di11sburg, PA 17019 Mechanicsburo, PA 17055 Signature: ~~ i, lilJt. 12.... ~ R~-'7- Date: cr - 1- 0 (p Telephone: 717-691-9810 Description Value Smith Barney Investment Account (Acct. #724-06312-12 364) Pre-paid Funeral Insurance Estate checking account () Co >: :J.) '~~0 \;~~~ :;~: _-1""-'1 ,", J:=" $44,511.72 6,950.00 1 ,63~ c:::::> c:r" (/) ~ ...') f-n ,') ("") ~LJ r:.::::> ["1'1 t:J C)<;(\ -,I -n B 1'1"\ .:;?\ c.J'\ ~ - - - (".) (Attach Additional Sheets if necessary) NOTE: The ~emorandum of real estate outside the Commonwealth of Pennsylvania may, at the election of the personal representative, include the value of each Item, but such figures should not be extended into the total of the Inventory. Total $53.096.32 RW-4 :;-