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Home My WebLink About11-29-06 SETTLEMENT AGREEMENT FILING OF ACCOUNT AGREEMENT executed this ---L!:z.- day of .;LIp (/~be/" 2006, by and between William L. Adler, Executor of the Will of Ethel Ruth Rosenthal, Deceased, and the Jewish Home of Greater Harrisburg, a Pennsylvania nonprofit corporation. WITNESSETH: WHEREAS, Ethel Ruth Rosenthal died on March 4, 2006, having first made and published her Last Will and Testament dated r___' July 19, 1996, in which she named William L. Adler a~)Execu~~. A :~_-= 0 c~~ ---, true and correct copy of said Will is attached hereto~)~ad~'part . ....'''~ : ;-1 r'..) hereof and marked Exhibit "A"; and L::; ~:; WHEREAS, on March 7, 2006 said Will was d~1y pr~~ated --1 .. by the Register of Wills of Cumberland County, Pennsylvani~ and Letters Testamentary granted thereon to William L. Adler, as Executor; and WHEREAS, the Executor has proceeded with the administration of said estate and has prepared his First and Final Account and Schedule of Distribution. A true and correct copy thereof is attached hereto, made part hereof and marked Exhibit "B"; and WHEREAS, the parties hereto desire that the Executor shall not be required to file said Account with the Orphan's Court of Cumberland County, and that the net estate of the decedent shall be distributed without the necessity of filing a formal account. ~v NOW, THEREFORE, the parties hereto intending to be legally bound hereby, mutually agree as follows: 1. The parties hereto, and each of them, agree and acknowledge that they have fully and carefully examined the First and Final Account of William L. Adler, Executor of the Will of Ethel Ruth Rosenthal, Deceased, and Schedule of Distribution relating thereto, and believe them to be true and correct, and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Agreement and of the said Account and Schedule of Distribution. 2. The parties hereto do hereby release, remlse and forever discharge the Estate of Ethel Ruth Rosenthal and William L. Adler, Executor, of and from all manner of acts, suits, claims, accounts, accountings, debts, dues and demands whatsoever which they or any of them or their legal representatives or assigns may at any time hereafter have, against the Executor, the said Estate or the assets thereof, from, for, touching or concerning any of the assets and property of the said Estate and/or any claim or interest thereto or therein, and the administration, management, collection, sale or any money, interest, income, assets or proceeds out of the same, from the time of the death of the said decedent to and including the date of this Agreement and Release. 3. This instrument is a full and final Settlement Agreement by and among the parties hereto, both fiduciary and individual, all of the same having been arrived at, concluded and executed after a full and complete disclosure of the assets of the said estate and the rights of the parties therein and thereto and all of the parties hereto, and each of them agrees to abide by the terms hereof. 4. The parties hereto, and each of them, agree that they will at all times ln the future and whenever necessary, appropriate or convenient, make, execute and deliver to the said Executor, and/or to the other party or persons, any and all instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Agreement and/or to permit, assist and enable the Executor to fulfill his duties with reference to the said estate and all of the assets thereof. 5. This Agreement constitutes the entire understanding among the parties hereto, and each of them acknowledges that no representations or statement of any kind, written or oral, have been made to them or any of them prior hereto by the Executor or by any other person or party upon his behalf. 6. This Agreement shall enure to the benefit of and shall be binding upon, the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. 7. Releases from the other beneficiaries are attached to this agreement together with the proof of the advertising of the estate. IN WITNESS WHEREOF, the parties hereto have hereunto set their respective hands and seals the day and year first above wri611~~ Jfru,w William L. Adler, Executor of the Estate of Ethel R. Rosenthal The Jewish Home of Greater Harrisburg by: ~ If? ~ eE () /tkkwrw;/7-4~ Seth Levy, CEO ETHEL R. ROSENTHAL ESTATE ACCOUNTING PRINCIPAL DATE OF RECEIPTS DEATH BALANCES Citizens Bank $19,346.02 1. Checking Account No. 6100738191 Citizens Bank $61,911.99 Time Deposits Account No. 6140741629 Community Banks $4,660.65 Time Deposits Account No. 4500665730 Wachovia Bank $27,678.08 Checking Account No. 1000613285130 Wachovia Bank $2,512.09 Checking Account No. 1010042238926 Wachovia Bank $505.45 Savings Account No. 3000020491531 Fulton Bank $42,778.35 Money Market Account No. 9904-78931 Fulton Bank $38,128.17 Certificate of Deposit No. 012- 0202727 Jackson National $68,598.89 Life Account No. 1001420859 Page 1 of 7 E>--"'-. \' A ,. Mid-Penn Bank $21,637.22 Certificate of Deposit No. 301080387 Mid-Penn Bank $46,289.82 Certificate of Deposit No. 301080413 Sovereign Bank $2,856.80 Money Market Account No. 1991023502 Sovereign Bank $19,522.34 Certificate of Deposit No. 0355023268 Sovereign Bank $11,831.73 Certificate of Deposit/IRA No. 0358014017 Charles Rosenthal P A $69.23 Benefit Inheritance Tax Refund $28.58 Forethought Funeral $34.90 Refund Final State Employees $519.25 retirement check TOTAL RECEIPTS $368,909.56 $368,909.56 Total Interest Accrued $481.89 after Death on Certificates of Deposit Estate Account Interest $985.43 3/8/06- 7/31/06 Estate account interest $169.22 August 2006 Page 2 of 7 Estate account interest $164.14 September 2006 Estate account interest $158.85 October 2006 TOTAL INTEREST $1,959.53 $1,959.53 RECEIPTS TOT AL RECEIPTS $370,869.09 $370,869.09 DISTRIBUTIONS Samuel Shapiro $50,000.00 Bequest Samuel Shapiro $11,831. 73 Sovereign Bank Certificate of Deposit/IRA No. 0358014017 Samuel Shapiro was the named beneficiary and the proceeds from the certificate of deposit or pay directly to him. Jewish Home of Greater $125,000.00 Harrisburg Partial Distribution Beth EI Temple $2,500.00 Bequest Hadassah Medical $1,000.00 Relief Association Bequest Total Distributions $190,331. 73 ($190,331.73) Page 3 of 7 FEES William L. Adler $12,500.00 Executor and Attorney Fee William L. Adler $5,000.00 Executor and Attorney Fee Devany & Company $300.00 Tax Return Prep William Adler, $5,000.00 Executor and Attorney fee William Adler, Executor and Attorney fee 4240.00 Taxes P A Department of $727.00 Revenue, income tax P A Department of $25.17 Revenue, remainder of tax Inheritance tax down $6,500.00 payment Remainder inheritance $577.40 tax Total $30,629.57 ($30,629.57) Debts of Decedent William L. Adler $1,140.00 Fee to 03/03/06 Page 4 of 7 Verizon $21.74 Utilities ManorCare $916.20 Final Bill Neighborcare $75.64 Medical Expence Karen Parthemore $450.00 Check Replacement HCR Manorcare $24.90 Neighborcare $25.03 Verizon $28.98 Karen Parthemore $1,200.00 60 hours Karen Parthemore $90.00 Laundry Payment to Shirmor Company in settlement of a claim for past due rent and damages to apartment from 1989 lease on Second Street, Harrisburg 1650 Total $3,972.49 ($3,972.49) Estate Expenses Karen Parthemore $500.00 Personal Property Disposal Register of Wills $430.00 Estate Probate The UPS Store $31.93 Mail Beth EI Temple $1,000.00 Memorial Plaques Page 5 of 7 Rabbi Eric Cytryn $200.00 Funeral Sam Shapiro $1,492.21 Reimbursement Funeral Expenses The Patriot News Co. $66.34 Estate Advertisement The Patriot News Co. $66.34 Estate Advertisement Register of Wills $15.00 Filing Costs Register of Wills $15.00 Filing Costs Register of Wills $25.00 Register of Wills $15.00 Petition Register of Wills $20.00 Citation for rule to show cause as to why a debt of the estate should not be discharged Cumberland Law $ 7 5.00 J oumal Total $3,951.82 ($3,951.82) Remainder before $141,983.48 expenses below Page 6 of 7 Remainder attorneys' $4,240.00 fees to be paid Shirmoor Claim to be $1,650.00 paid Reserve for headstone $500.00 engravmg Costs of filing releases $20.00 $6,410.00 Remainder for Jewish $135,573.48 Home Page 7 of 7 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL TOM CORBETT ATTORNEY GENERAL November 3,2006 Charitable Trusts and Organizations Section 14th Floor, Strawberry Sq. Harrisburg, PA 17120 Telephone: (717) 783-2853 Facsimile: (717) 787-1190 William L. Adler, Esquire ADLER & ADLER 125 Locust Street P.O. Box 11933 Harrisburg, PA 17108 Re: Estate of Ethel Rosenthal Dear Mr. Adler: This will acknowledge receipt of your notice pursuant to Supreme Court Orphans' Court Rule 5.5, regarding the above-captioned matter. Based upon the documents provided, I have no objection to the First and Final Account. Please be advised that the above review was conducted pursuant to the parens patriae function of this Office and has no bearing on any matter unrelated to that function. It should be noted that this Office's approval of the current accounting should not be interpreted as approval of the practice of charging trustee fees according to a corporate fiduciary's fee schedule, and this Office will, of course, have the right in reviewing any future accounts, to object to any and all fees deemed excessive or inappropriate. Please forward copies of the signed Release(s), when obtained. Thank you for your cooperation during the course of our review. Very truly yours, 7LJ. 'l/.v-- ~ Heather J. Vance-Rittman Deputy Attorney General ~ RELEASE AND INDEMNIFICATION ESTATE OF Ethel Ruth Rosenthal, DECEASED The undersigned is one of the legatees named in the will of Ethel Ruth Rosenthal, Deceased, and desires that the estate be distributed without the formality of a court accounting. The Executor of the estate is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document to provide. In consideration of the willingness of the executor to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned individually and on behalf of the undersigned's heirs, personal representatives, successors and assigns does hereby: 1. Waive the filing of an account of the administration of the estate in any court; 2. Approves the distribution of $2,500.00 to Beth El Temple pursuant to Article Three of the Will of Ethel Ruth Rosenthal as the entire distribution to which the said beneficiary is entitled under the Will. 3. Absolutely and irrevocably release and discharge the Executor, and the Executors' heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to the administration of the estate and distribution in accordance with the informal account without a court accounting and adjudication; 4. Agree to indemnify and hold harmless, the Executor, and the Executors' heirs, personal representatives, successors and assigns, from and against any claims, liabilities, loss or expense (including costs and counsel fees) arising from any cause whatsoever, which the Executor may incur as a result of the administration of the estate and its distribution in accordance with this document including, but not limited to, any liability for any federal estate tax, Pennsylvania Inheritance tax or any other death taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest, penalties and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or paYments or distributions made by reason of any negligence or mistake of law or fact. Dated: Beth El Temple by: -01Jl~D J4fc~~cu k'~~~~~y) Witness: ~~ ~ RELEASE AND INDEMNIFICATION ESTATE OF Ethel Ruth Rosenthal, DECEASED The undersigned is one of the legatees named in the will of Ethel Ruth Rosenthal, Deceased, and desires that the estate be distributed without the formality of a court accounting. The Executor of the estate is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document to provide. In consideration of the willingness of the executor to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned individually and on behalf of the undersigned I s heirs, personal representatives, successors and assigns does hereby: 1. Waive the filing of an account of the administration of the estate in any court; 2. Approves the distribution of $1,000.00 to Hadassah Medical Relief Association pursuant to Article IV of the Will of Ethel Ruth Rosenthal as the entire distribution to which the said beneficiary is entitled under the Will. 3. Absolutely and irrevocably release and discharge the Executor, and the Executors' heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to the administration of the estate and distribution in accordance with the informal account without a court accounting and adjudication; 4. Agree to indemnify and hold harmless, the Executor, and the Executors' heirs, personal representatives, successors and assigns, from and against any claims, liabilities, loss or expense (including costs and counsel fees) arising from any cause whatsoever, which the Executor may incur as a result of the administration of the estate and its distribution in accordance with this document including, but not limited to, any liability for any federal estate tax, Pennsylvania Inheritance tax or any other death taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest, ~ V\. penalties and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of law or fact. Dated: N\urc..h zq I 10()(P Hadassah Medical Relief Association by: ~.~ :.s~~ Ma.r-~. \Ji<:efyes.lr\er-.t (BENEFICIARY) Witness: ~ " RELEASE AND INDEMNIFICATION ESTATE OF Ethel Ruth Rosenthal, DECEASED The undersigned is one of the legatees named in the will of Ethel Ruth Rosenthal, Deceased, and desires that the estate be distributed without the formality of a court accounting. The Executo!:" of the estate is willing to consent to such distribution upon receipt of a proper release and indemnification, which it is the purpose of this document to provide. In consideration of the willingness of the executor to make distribution without the formality of a court accounting and agreeing to be legally bound hereby, the undersigned individually and on behalf of the undersigned's heirs, personal representatives, successors and assigns does hereby: 1. Waive the filing of an account of the administration of the estate in any court; 2. Approves the distribution of $50,000.00 to Samuel Shapiro pursuant to Article VI of the Will of Ethel Ruth Rosenthal as the entire distribution to which the said beneficiary is entitled under the Will. 3. Absolutely and irrevocably release and discharge the Executor, and the Executors' heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to the administration of the estate and distribution in accordance with the informal account without a court accounting and adjudication; 4. Agree to indemnify and hold harmless, the Executor, and the Executors' heirs, personal representatives, successors and assigns, from and against any claims, liabilities, loss or expense (including costs and counsel fees) arising from any cause whatsoever, which the Executor may incur as a result of the administration of the estate and its distribution in accordance with this document including, but not limited to, any liability for any federal estate tax, Pennsylvania Inheritance tax or any other death taxes, and any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes, together with any interest, penalties and costs incidental thereto, relating in any way to the estate and also including, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of law or fact. Dated: ~~~ )1;amuel Sha iro (BENEFICIARY) Witness: ~..p ~ -- , ........... ..... , ~. ... k PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: March 24, 31, 2006 and April 7, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. It Rosenthal, Ethel Ruth, dec'd. Late of Camp Hill Borough. Executor: William L. Adler, Es- quire, Adler & Adler, P.O. Box 11933, Harrisburg, PA 17108. Attorneys: William L. Adler, Es- quire, Adler & Adler, P.O. Box 11933, Harrisburg, PA 17108. SWO 0 AND SUBSCRIB D before me this 7 day of April. 2006 NOTAR! L SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County I I' My Commission Expires March 5, 2009 ~t~~. lIIIi~illl1~""~'" . THE PATRIOT NEW'S THE SlJNDA Y PATRIOT NEWS Proof of Publication Under '\cl ".;0. 'is-', Approved \Ja) 16, !<}211 ("l11l1lonwealth 01 PellnsyhallJa, C()Ullly uf DauphIn: ss ,I"'l'ph.\, Iknnholl. hem,:, dull' ,\\'JIIl ,i(,:u['dini III h\'.. ~lltd sa\':,; j j'dl he- 's the' \,SISlanl ( (\I1lrol!n ,It" ['he Patnol ".;c;'\IS Cu . J L.>rp,)ratl()ll tJi',:,aI1l7cd .md '. ',IIIl!' !iL' '. 'j\llllll'l1:'\','alth or' P'.'1l1b\h'JI1l:1. '.'. It!: It) princlpJI ufii,'e ami ofbusllll'SS at l' l' I" \1.][',,' ! 'k' ('il\ ,'i II iirnsJ1lIi'!:" (ounl) of D:1Uphll1, Slat<: of PC'i1JEvh:lI:U. 1'\1 Iler illlt! Pllbl1sher ; ';,' }':;;I', ,:::': j hl,' :~und:l\ P~ltriol~~"-;\\'-,,,; Ilt.:\l,SpJr(.'r5 (l(general l'!fculJtJon. !irintt'd and publi:-dll:d a:."':.~ t/I :~. j \ 1 kct 'i: , ( "U:H'. :lIld SIJ[,' ajelTeSilid: 'I1.Jt Ihe Patrlor-'<e'...s and rile Sunday P:Hnol-\C\\' ',:1",' ! \Lnch ~Ih, IS'-1, ,l1hf ,",cp[l'l11bcr 1"rh. 1'1-19, r'?specll\eh alld all haw hC\'lll(\lltllllh'lii\ t'ld'!1 h., '\'.'1 :1.1', thc !'Illltc'd 1\l1l1CC 01 pUhltCdtlCll1 \\ 111cI1 IS securely Jttac'hed herct" b c':\JC1J> ,I, pI In':d ,1l1.i "ib! ,LJIJ:. Jlld or :;ull,b: \1ctro ::d111011S wlllch appeared In J8th da:\'(s) of .\htrch !(JOIl. I Ita' h,o' ';, I "111[1an\ I Illtcn:stnl III the subJe'ct matter of saId prinkd 11l11lCC or a\hL'rllsin,:" :lIPI rh:li I lh, :11 .Ii' "l'thh ,;Llklllcnt as [(1 tlte' 11111<::, pbce alld character ofpubhcallon arc true: and I h:1I hL' l1a', pcrsllnal kno\llL'dge utlhe [acls aforesaid and IS duly authorlz.ed and CIllPlll\ l'lc'd lU IlllS 1.1'" I'kl!! 'lIl hL'hall '.'( Ihe Patriot-News ('0. at<>r<:,said by virtue i.llld pursuant to a rcsolutiollllnal1ll1luw;/: p:h';n! ,Iii,: 'pt::d .S'.'vlTally by the stockholders and board ufdircctors of the said Company and slIhsC4UC'Iltly duh I ." !c,1 III the office for the Recording of Deeds in and for said County of Dauphlll ill Miscell;lIleulI" Bouk "\ I", ~. Pa~,l' J 1~: PI nile \TI()i\ Copy /-......., ( \ -~ ' t · \.1 "'~_-"'" \. " A)1 JjA "),.4. 4' I'!,,;' \, - , 1X' f J. . /' '1,Jd'IJ .I S;;~';;II(' ,V'it~'u2'~~~~1:';;! t~S:~~~~~I~~~'~U'" . . 1'1\_'1/\K'tJ\: :~ft.: \ r \ \1> ,:omml"IOll npllc' June h ,1(,1)(, ADLER 8: ADLER ATTORNEYS A'I LA\\' 125 LOCUST STREET P,O, BO.\: 119.13 .HARR1SBURG. PA, 171 O~-1l)33 MUTUAL RELEASE This Mutual Release is made and executed by William L. Adler, Executor ofthe Estate of Ethel R. Rosenthal (hereinafter referred to as "Petitioner"), and Shirmor Company, (hereinafter referred to as "Respondent"). WHEREAS, Petitioner had a citation issued to Respondent to number 204-2006 in the Orphans' Court, Cumberland County, Pennsylvania; and WHEREAS, said petition requested a rule to show cause as to why the alleged debt claimed by Respondent related to a 1989 lease from Respondent to Petitioner should not be discharged; and WHEREAS, the parties have agreed to execute releases to each other. KNOW ALL MEN BY THESE PRESENTS, that in pursuance ofthe agreement ofthe parties, and in consideration of the payment of $1,650.00 from Petitioner to Respondent, the undersigned, have each remised, released and forever discharged and by these presents do hereby for themselves, their heirs, executors, administrators, successors and assigns, remise, release and forever discharge each of the others, their heirs, executors, administrators, successors and assigns of and from all, and all manner of action and actions, cause or causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law or in equity, which against either of the other parties each may have or that they ever had, or which their heirs, executors, administrators, successors and assigns hereafter can, shall or may have for, upon or by reason of any matter, cause or thing whatsoever pertaining to the above referenced actions, from the beginning ofthe world to the date ofthese presents. Respondent also releases the estate of Charles Rosenthal as it does the estate of Ethel Rosenthal. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives or in their own right, do execute these presents this ~ day of .A..4v~006. WITNESS: Jf:l~er.~eq~ t ~. Estate of Ethel Rosenthal ~ ,---.. ... . l-/L /