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ONO
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-30-2008 3:39 pm
Case Number: PES-06-289213
Filing Date: Sep-30-2008 3:37
Juke Box: 001 Image: 02268362
GENERIC PROBATE PLEADING
THE ESTATE OF VELMA V LEHNHERR
001P02268362
Instructions:
Please place this sheet on top of the document to be scanned.yp oe YN DA HW BW ND
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vid Eli Alavi (State Bar #216728)
ITHERSPOON & SIRACUSA
1550 Bryant Street, Suite 875
an Francisco, CA 94103-4879
elephone (415) 552-1814
Facsimile (415) 552-2158
ttorneys for Barbara de Vries
dministrator with Will Annexed
F LEV
ior Court
San Francisco ‘county ‘Superio
SEP 3 0 2008
GORDON P. AK-LI, Clerk
BY: Deputy Clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
CITY AND COUNTY OF SAN FRANCISCO
je Estate of
ELMA V. LEHNHERR
/k/a Velma Viola Lehnherr,
Decedent.
ee eee
FILED BY FAX
NUMBER: PES-06-289 213
SUPPLEMENT TO THE FIRST AND FINAL
ACCOUNT AND REPORT OF
ADMINISTRATOR WITH WILL ANNEXED
AND PETITION FOR ITS APPROVAL;
PETITION FOR PAYMENT OF
STATUTORY FEES FOR ORDINARY
SERVICES TO ADMINISTRATOR AND
HER ATTORNEYS; FOR LIEN AGAINST
REAL PROPERTY AND FOR
REIMBURSEMENT OF ATTORNEYS’
COSTS; PETITION TO RETAIN RESERVE
FOR TAXES AND CLOSING COSTS; AND
PETITION FOR FINAL DISTRIBUTION
Barbara de Vries, as Administrator with Will Annexed of the Will of Velma V. Lehnherr,
resents her Supplement to the First and Final Account and Report of Administrator with Will
innexed and Petition for its Approval; Petition for Payment of Statutory Fees for Ordinary
ervices to Administrator and Her Attomeys; for a Lien Against Real Property and for
eimbursement of Attomeys’ Costs; Petition to Retain Reserve for Taxes and Closing Costs;
ind Petition for Final Distribution. Petitioner alleges:
UPPLEMENT TO THE
IRST AND FINAL ACCOUNT
Case No. PES-06 289 2131. Petitioner filed her First and Final Account and Report of Administrator with Will
innexed and Petition for its Approval; Petition for Payment of Statutory Fees for Ordinary
ervices to Administrator and Her Attomeys; for a Lien Against Real Property and for
eimbursement of Attorneys’ Costs; Petition to Retain Reserve for Taxes and Closing Costs;
ind Petition for Final Distribution on August 25, 2008, which is set for hearing on October 28,
008.
2. The initial petition for probate was filed in these proceedings on October 6, 2006, at
ich time a filing fee in the amount of $485 was paid based upon the estate having a value of.
oD Orn A UW WN
t feast $500,000 and fess then $750,000, Since the minimum filing fee in the amount of $335
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hould have been paid, a refund in the amount of $150 is owed to William Lehnherr.
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3. Petitioner corrects page 5 lines 20 to 26 of the petition to state: “Although it is likely
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that Wayne Lehnherr had no legal authority to make the deposits and to make the payments,
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is actions did not harm the estate in that pursuant to the Settlement Agreement after payment
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f $175,000 to his brother William Lehnherr and after title to the estate’s real property 2450
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8" Avenue, San Francisco, California, is transferred to Wayne Lehnherr, and he gives
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illiam Lehnherr a one hundred twenty five thousand dollar promissory note secured as a
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leed of trust against the real property he is the beneficiary of the remaining assets in the
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state”.
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4, A executed copy of the settlement agreement is attached to this supplement.
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5. Petitioner and her attorneys, Witherspoon & Siracusa, are each entitled to statutory
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‘ees for ordinary services to the estate in the amount of $24,485.53. Petitioner and her
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ttorneys, Witherspoon & Siracusa voluntarily agree to reduce their statutory fees for ordinary
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ervices by 25% and thus, Petitioner requests that she and her attorneys Witherspoon &
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iracusa, be awarded $18,364.15 each as administrator’s and attorneys’ statutory fees for
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rdinary services. Since there are limited liquid assets the Petitioner further requests that her
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fees as administrator be a judgement debt in favor of the Petitioner in the principal amount of
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18,364.15 with interest thereon at the rate of five percent (5%) per annum, accruing from the
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fate of judgement until actually pald, secured by a lien against that certain real property
\UPPLEMENT TO THE
IRST AND FINAL ACCOUNT 2 Case No. PES-06 289 213C C
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ituate in the City and County of San Francisco, State of California, commonly known as 2450
8" Avenue, San Francisco, California.
Petitioner further requests that Witherspoon & Siracusa attorneys’ fees be a judgement
lebt in favor of Witherspoon & Siracusa in the principal amount of $18,364.15, with interest
hereon at the rate of five percent (5%) per annum, accruing from the date of judgement until
ctually paid, secured by a lien against that certain real property situate in the City and County
f San Francisco, State of California, commonly known as 2450 38" Avenue, San Francisco,
alifomia,
wm CoN DH HN F&F WY NY
6. The property of the estate remaining in Petitioner's hands for distribution, along with
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its carry value, consists of the following:
It Wells Fargo checking account #ox-10x 1451 $3,525.71
12 |b) Wells Fargo Investments cash account $510.98
13 |e) 177,099.78 shares of American Century Invst Tr Prem MMKT Fd $177,099.78
14 |) All that certain real property situate in the City and County of $774,000.00
San Francisco, State of California, commonly known as 2450
38” Avenue, San Francisco, CA 94116.
AP.N Block 2388, Lot 022A
—_ oe
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Total $955,136.47
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7. After deducting the payments and reserve proposed herein, Petitioner will have the
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following cash remaining on hand for distribution (plus accrued interest, not shown):
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ash remaining on hand $181,136.47
Administrator's statutory fee" $18,364.15
Attorneys’ statutory fee $18,364.15
Attomeys’ costs $96.53
Reserve for taxes, closing costs, etc. $5,000.00
sh remaining on hand for distribution: $176,039.94
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BB e
Pursuant to the terms of the Settlement Agreement, all the property remaining in
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etitioner’s hands, and any other property of the decedent or her estate not now known but
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ereafter discovered, should be distributed as follows:
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‘The administrator's statutory fee and attorney's fees are not deducted from the cash on hand
‘or distribution because they will be taken as a lien against the real property located at 2450 38” Ave.,
an Francisco, California,
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UPPLEMENT TO THE
IRST AND FINAL ACCOUNT 3 Case No. PES-06 289 21389/23/2908 82:21 4155589"1 BARBARA DEVRI PAGE @2
"99/23/2008 10:32 © 41556244
wo any Aw ew N
= 35
WITHERSPOONSSIR: a PAGE 05/97
(1) Ta William Lehnherr:
(a) one-hundred seventy-five thousand dolla’s ($175,000.00) pursuant to the
ettlement Agreement
(2). To Wayne Lehnherr:
(a) All that certain real property situate in the City and County of San Francisco,
tate of California, commonly known a3 2450 38” Avenue, San Francisco, CA 94116 and
properly described as;
BEGINNING at a point en the easterly line of Thirty-eighth Avenue, distant thereon 300
feet southerly from the southerly line of Taraval Street; running thence southerly and
along said line of Thirty-elghth Avenue 25 feet; thence at a right angie easterly 120
feet; thence at a right angle northerly 25 feet; thence at a right angle westerly 120 feet
to the point of beginning,
Being part of OUTSIDE LAND BLOCK NO. 1180
APN: Block 2388; Lot 022A; and :
(b) cash in the amount of $1,039.94, togethes with 100% of the remaining tax
serve and any other property of the decedent or her estate not now known but hereafter
iiscovered.
| declare under penalty of perjury of the laws of Califomia that the foregoing Is true and
rect, and that this declaration was signed at San Francisco, Callfomia, on the date stated
alow,
ated: YI Z3_; 208 Shs
Barbara de Vni&S, Petitioner and
Administrator of the Estate of Velma V.
Lehnherr
UPPLEMENT TO THE
TRST AND FINAL ACCOUNT 4 CASE NO, PES-06 289 213x
PROOF OF SERVICE BY MAIL
I declare that | am over 18 years of age, not a party to this matter and | am employed in the
City and County where the mailing occurred.
On the date indicated below, | deposited in the United States mail at San Francisco,
California, a copy of the attached document entitled Supplement to the First and Final Account
and Report of Administrator with Will Annexed and Petition for Its Approval; Petition for
Payment of Statutory Fees for Ordinary Services to Administrator and Her Attorneys; for
Lien Against Real Property and for Reimbursement of Attorneys’ Costs; Petition to Retain
Reserve for Taxes and Closing Costs; and Petition for Final Distribution in a sealed
envelope, with postage fully prepaid, addressed to:
Mr. Witliam A. Lehnherr Mr. Wayne F. Lehnherr
1990 Silver Arrow Drive 2450 38" Avenue
Colorado Springs, CO 80915 San Francisco, CA 94116
Ronald W. Leefiang, Esq. Michael Spalding, Esq.
870 Market Street, Suite 349 HEDANI, CHOY, SPALDING & SALVAGIONE
San Francisco, CA 94102 595 Market Street, Suite 1100
San Francisco, CA 94105
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct and that this declaration was executed in San Francisco, California on the date
iste low..
Dated: q 30 lip
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Michael D. Halvorsen ~ “Y
SUPPLEMENT TO THE
FIRST AND FINAL ACCOUNT 5 CASE No. PES-06 289 213C C
“pe/ze“2008 12:26 aciehno ATTY CPA PAGE 05/13
RONALD W. LEEFLANG; SBN 208320
NANCY E, LOFDAHL; SBN 182047
870 Market Street, Ste. 349
San Francisco, CA 94102
Telephone: (415) 956-1251
Facsimile: (415) 956-1259
Attomeys for Petitoner/Contestant William Lehoherr
+ SUPERIOR COURT OF CALIFORNIA
JN AND FOR THE COUNTY OF SAN FRANCISCO
InRe. : : |. Case No. PES-06-289213
THE ESTATE OF VELMA LEHNHERR, | SETTLEMENT AGREEMENT. -
“senting Parties”), stipulate as follows:
. L Petitover/Contestant Williem Lebnherr was represented by atlomeys Ronald W. .
_PetifoneriContestant Wit ieabere and Respondent Wayne Lehnkerr (collectively the
Leeflang and Nancy B, Loféah! inthis matter, :
2. Respondent Wayne Lehnhert was represented by attorney Michael Spalding in this
oatter, * S -
3. Pestioner/Contestant Wiltlem Letaherr and Respondent ‘Wayne Lehnherr have agreed
tat this Settlement Agieement vill Tesolve all chims detween them arising from the Will Contest
md ‘Grounds of Opposition 0 Probate of Purported Will filed herein by Petitioner/Contestant, and
their respective interests in the Estate of Velma Lebnher, Deceased.
- 4 Petitioner/Contéstant William Lehnberr and Respondent Wayne Lebnherr agree to settle
all claims between them referenced abave as follows:
RSROD BOSTON GE"06/30/2003 12:26 — 4158921=70 ATTY CPA
Oa a we Ae
ett eee
A UF WN —& CO.
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PAGE 06/13
(2) — William Lehnherr shall, on his own bebalfind on dehalfor ell who may claim :
rough him, withdraw, release and disniss, with prec, the Will Contest and Grounds of.
Opposition tothe Probate ofthe Will of Velma Lehner, and say and sil claims offack of
capacity, fy tndae influence, fraud, failure to execute will ‘properly and/or contradictory disposition
Provisions, shalt have no rights in and shall make no claim to the assets of the Estate of Velma
Letmhern, other than ai set forth inthis Settlement. Agreement, and shal cooperate with Wayne
Letnhert and execute all documents retsably necessary to feilitate the agreement set forth .
0)’ William Leber shall ceive the sum of One Hundred Seventy-five Thowsand
Doltars (8175,000.00) from the liquid finds currently being held by the Special Administettor in *
béing held the name of the estate, ‘ a . .
© Willem Lebnherr sal also receive a promissory note: from Wayne Lebaberr for
one bundred twenty. five thousand dollers ($125,000. 00), which shall, upon transfer or titeto sald
real propery fo Wayne Letters be sritd se. deed of rut against te real property #12450
38 Averiue; San Francisco, Cellfornia, Said deed of trust will scerve compounded interest at fhe
rate of sx persent (6%) per amauon and sal continue to acenuc on a esiopound basis wil dete of
the triggering event ‘specified below, While ‘the deed of trust is on the property, Wayne Letnherr
will be responsible for pryment of all texes, insurance, and other costs related thereto. Inthe
absence of 4 triggering event; Wayne Lethe shell have no-obligation to pay Interest on sald
ote on cuentas and no chlgntinto pay dow the principal thereof. Upon the happening
ofertas evn which shall be defined as (a) sale of the sald real property; (b) the deathof
Wayne Letmherr, ot (@ tbe fle Woyne Lehner tose be rope ashis principal place of
residence fora continuous period of more than six (6) months, then te oustanding balance of
principe and accrued interes shall be pad In ful
2
AeOAthT Nate nceaT PL“ee 20/2008 12:26 uses 70 ATTY CPA “PAGE 87/13
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© William Lehnherr will not be responsible for payment ofany costs related to the
admintstration Of the Estate of Velma-Lehnhert, Including, but not limited: tothe attorney fees and .
costs incurred In the speci Adcainictstion of sold Estate,
—R “fraay party has to retum to cout to enforce any provision of this Agreement the
prevaling pay shall be entitled to reasonable attomey fees and costs from the opposing party.”
6. The parties do not intend by entering Into this Settlement Agreement, to adroit the
vali of my of the claims of any other party thereto, the validity ofwhleh fs expressly denied,
Itls Instead the intent of the partic’, in recognition of, amorig oer thing the costs, expenses and
uncertainty of litigation, tor resolve and end thelr dispute by way of their execution of this
Settlement Agreement and ixecition ofthe documents referenced herein or contemplated hereby.
Aceoptingly an for yatuabte consideration which the parties hetéto hereby aclaowledpe, William
Lehnherr and Wayne Letnberr intend to and do hereby settle, release, and waive | any and atl
clsims Between each other, agents, eaplges, anyone allegedly seting in concert with either of
them, arising from’ orrelatedto the subject matter of this netion,
This includes #1 claims which elther = party may have’ under Callfornia Civil Code Section
1542 which states: ae . ,
"A general release does not extend to claims which the creditor docs not know’ or suspect
, ‘to existinhis favor at the time of executing the release, which if known by him must have
rpsterially affected Wis settlement with the debtor,” except as may be specifically setout in
, this stipulation, ‘
7, Bach party, agrees, on demand of the other, to execute or dsiver any instrument, furnish
any Information, or perforrs any other act conventent or reasonably necessary to carry out the
prodone of this Settlement Agreement without sny unde delay ‘or expense.
_ SRNL CGN 120827 PHC , C
“96/30/2008 12326 asessalere aTTY CPA C PAGE e@8/13
31 chit Proeeds
*B,. The agreement memorialized herein is intended by Settling Parties to be a binding and
enforceable Settlemett Agreement within the meaning of and as provided la California Code of ..
Setter 6646. .O
” OT Ifany portiod OF any part of ny provision ofthis Setlenent ‘Agreement i is forany
reason bela to be invalld, tmenforceable or contrary to any potlie policy, law, statute, and/or
6 :
4 ordinance, then the remainder thereof shall riot be affected thereby and shall remain vatid and fully:
3 enforce
10. This Settlement Agreenient ney be executed in counterparts, sud as s0 executed shall
constitute’ an Aptement ‘which shall be binding tpon alll parties hereto, notwithstaiding thet ihe
signatures of elf partes and their designted representatives do not appear onthe sare page.
Facsimile; scanned, sod/or photocopied signatures are to be accepted svoriginals signttures.
1. This Settlement Agreement contains the entire Agreement between Settlog Petes
wheter oa i, sod supersedes and replaces any prior agreements and .
tnderstendings, any, whether orl orvatiten beteeen and among them with respect to such
motters. this Settlement Agreement my not be amended or altered except by the written
agreement of Setling: Parties, The terms of this Settlement Agreement are contracts and pot a
mee recital. Settling Parties acknowledge that no promise. or inducement has been made or
offered, excepting as herela set forth; that this Settlement Agreementis executed svithout relfance
upon any statement or representation by any of the parties released or thelr representatives
concerning the nature of extent of Injustes of damages or legal vebiity therefore...
120 The terns of this Settelement Agreement shall be binding oon the spouses, heirs,
representatives, successors and assignsof Setting Parties.
__ 17 GRIST. 658208 120027 PE- .
“9s/30/2008 12:26 159921670 ATTY CPA PASE 09/13
va
Soe on in a
eee mee
Ar OD AS
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C C.
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13." Any capi arising out Stthe effect or enforcement of ‘his spreement shall be
Zesty the Se Franco Siro Coub, cecbhanstys eee . eee terete
. Witem Lehsber — oe
Petitioner/Contestint - * soe
. Rood Wietaae ‘
. _ Attorney for Petittondr/Confestant
wo NanepEaraait:
. : “Attorney for Petone/Cxatrent
+ Wayne Lebnherr
* Respondent
maa Log oy | thie (ihc =: |
+ Segui eatatos rzsezz ed- .
96/30/2008 12:25 44858922470 arry PA PACE 10/13
ee/ze/zee9 13:55 4154212858 pln ws
13. Any dignutes arising out of the effect or enforcement of this agreenmect shall ve cums tne
he resolved by the San Francisco Superior Court.
Doeted: 3 SZ - 08 Les
William Lebeberr
“f/f. ——
pated:_(125 /08- Crredll
: Ronald W, Leefang
Attorney for Petitioser/Contestant
maces Fahd
~ Najity E, Lofdakt
Attorney for Petitfoner/Contestant
Dated:
Wayne Lebaherr
Respondent
. . Dated:
Michael Spebiing
Attorney for Respondent
$SGENt0LT-BVAS 12.08.27 PS
Preview
ONO SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-30-2008 3:39 pm Case Number: PES-06-289213 Filing Date: Sep-30-2008 3:37 Juke Box: 001 Image: 02268362 GENERIC PROBATE PLEADING THE ESTATE OF VELMA V LEHNHERR 001P02268362 Instructions: Please place this sheet on top of the document to be scanned.yp oe YN DA HW BW ND 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 vid Eli Alavi (State Bar #216728) ITHERSPOON & SIRACUSA 1550 Bryant Street, Suite 875 an Francisco, CA 94103-4879 elephone (415) 552-1814 Facsimile (415) 552-2158 ttorneys for Barbara de Vries dministrator with Will Annexed F LEV ior Court San Francisco ‘county ‘Superio SEP 3 0 2008 GORDON P. AK-LI, Clerk BY: Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO je Estate of ELMA V. LEHNHERR /k/a Velma Viola Lehnherr, Decedent. ee eee FILED BY FAX NUMBER: PES-06-289 213 SUPPLEMENT TO THE FIRST AND FINAL ACCOUNT AND REPORT OF ADMINISTRATOR WITH WILL ANNEXED AND PETITION FOR ITS APPROVAL; PETITION FOR PAYMENT OF STATUTORY FEES FOR ORDINARY SERVICES TO ADMINISTRATOR AND HER ATTORNEYS; FOR LIEN AGAINST REAL PROPERTY AND FOR REIMBURSEMENT OF ATTORNEYS’ COSTS; PETITION TO RETAIN RESERVE FOR TAXES AND CLOSING COSTS; AND PETITION FOR FINAL DISTRIBUTION Barbara de Vries, as Administrator with Will Annexed of the Will of Velma V. Lehnherr, resents her Supplement to the First and Final Account and Report of Administrator with Will innexed and Petition for its Approval; Petition for Payment of Statutory Fees for Ordinary ervices to Administrator and Her Attomeys; for a Lien Against Real Property and for eimbursement of Attomeys’ Costs; Petition to Retain Reserve for Taxes and Closing Costs; ind Petition for Final Distribution. Petitioner alleges: UPPLEMENT TO THE IRST AND FINAL ACCOUNT Case No. PES-06 289 2131. Petitioner filed her First and Final Account and Report of Administrator with Will innexed and Petition for its Approval; Petition for Payment of Statutory Fees for Ordinary ervices to Administrator and Her Attomeys; for a Lien Against Real Property and for eimbursement of Attorneys’ Costs; Petition to Retain Reserve for Taxes and Closing Costs; ind Petition for Final Distribution on August 25, 2008, which is set for hearing on October 28, 008. 2. The initial petition for probate was filed in these proceedings on October 6, 2006, at ich time a filing fee in the amount of $485 was paid based upon the estate having a value of. oD Orn A UW WN t feast $500,000 and fess then $750,000, Since the minimum filing fee in the amount of $335 ° hould have been paid, a refund in the amount of $150 is owed to William Lehnherr. _ = 3. Petitioner corrects page 5 lines 20 to 26 of the petition to state: “Although it is likely - nN that Wayne Lehnherr had no legal authority to make the deposits and to make the payments, w is actions did not harm the estate in that pursuant to the Settlement Agreement after payment z f $175,000 to his brother William Lehnherr and after title to the estate’s real property 2450 = wn 8" Avenue, San Francisco, California, is transferred to Wayne Lehnherr, and he gives _ an illiam Lehnherr a one hundred twenty five thousand dollar promissory note secured as a _ a leed of trust against the real property he is the beneficiary of the remaining assets in the oo state”. = . 4, A executed copy of the settlement agreement is attached to this supplement. y oO 5. Petitioner and her attorneys, Witherspoon & Siracusa, are each entitled to statutory nN ‘ees for ordinary services to the estate in the amount of $24,485.53. Petitioner and her nN Nn ttorneys, Witherspoon & Siracusa voluntarily agree to reduce their statutory fees for ordinary N wo ervices by 25% and thus, Petitioner requests that she and her attorneys Witherspoon & tv = iracusa, be awarded $18,364.15 each as administrator’s and attorneys’ statutory fees for nN ka rdinary services. Since there are limited liquid assets the Petitioner further requests that her v an fees as administrator be a judgement debt in favor of the Petitioner in the principal amount of N a 18,364.15 with interest thereon at the rate of five percent (5%) per annum, accruing from the n 08 fate of judgement until actually pald, secured by a lien against that certain real property \UPPLEMENT TO THE IRST AND FINAL ACCOUNT 2 Case No. PES-06 289 213C C = ituate in the City and County of San Francisco, State of California, commonly known as 2450 8" Avenue, San Francisco, California. Petitioner further requests that Witherspoon & Siracusa attorneys’ fees be a judgement lebt in favor of Witherspoon & Siracusa in the principal amount of $18,364.15, with interest hereon at the rate of five percent (5%) per annum, accruing from the date of judgement until ctually paid, secured by a lien against that certain real property situate in the City and County f San Francisco, State of California, commonly known as 2450 38" Avenue, San Francisco, alifomia, wm CoN DH HN F&F WY NY 6. The property of the estate remaining in Petitioner's hands for distribution, along with 3 its carry value, consists of the following: It Wells Fargo checking account #ox-10x 1451 $3,525.71 12 |b) Wells Fargo Investments cash account $510.98 13 |e) 177,099.78 shares of American Century Invst Tr Prem MMKT Fd $177,099.78 14 |) All that certain real property situate in the City and County of $774,000.00 San Francisco, State of California, commonly known as 2450 38” Avenue, San Francisco, CA 94116. AP.N Block 2388, Lot 022A —_ oe a Aw Total $955,136.47 _ oo 7. After deducting the payments and reserve proposed herein, Petitioner will have the . following cash remaining on hand for distribution (plus accrued interest, not shown): Ny So ash remaining on hand $181,136.47 Administrator's statutory fee" $18,364.15 Attorneys’ statutory fee $18,364.15 Attomeys’ costs $96.53 Reserve for taxes, closing costs, etc. $5,000.00 sh remaining on hand for distribution: $176,039.94 RN BB e Pursuant to the terms of the Settlement Agreement, all the property remaining in by A etitioner’s hands, and any other property of the decedent or her estate not now known but Nn a ereafter discovered, should be distributed as follows: yy n nN _ ‘The administrator's statutory fee and attorney's fees are not deducted from the cash on hand ‘or distribution because they will be taken as a lien against the real property located at 2450 38” Ave., an Francisco, California, vy oO UPPLEMENT TO THE IRST AND FINAL ACCOUNT 3 Case No. PES-06 289 21389/23/2908 82:21 4155589"1 BARBARA DEVRI PAGE @2 "99/23/2008 10:32 © 41556244 wo any Aw ew N = 35 WITHERSPOONSSIR: a PAGE 05/97 (1) Ta William Lehnherr: (a) one-hundred seventy-five thousand dolla’s ($175,000.00) pursuant to the ettlement Agreement (2). To Wayne Lehnherr: (a) All that certain real property situate in the City and County of San Francisco, tate of California, commonly known a3 2450 38” Avenue, San Francisco, CA 94116 and properly described as; BEGINNING at a point en the easterly line of Thirty-eighth Avenue, distant thereon 300 feet southerly from the southerly line of Taraval Street; running thence southerly and along said line of Thirty-elghth Avenue 25 feet; thence at a right angie easterly 120 feet; thence at a right angle northerly 25 feet; thence at a right angle westerly 120 feet to the point of beginning, Being part of OUTSIDE LAND BLOCK NO. 1180 APN: Block 2388; Lot 022A; and : (b) cash in the amount of $1,039.94, togethes with 100% of the remaining tax serve and any other property of the decedent or her estate not now known but hereafter iiscovered. | declare under penalty of perjury of the laws of Califomia that the foregoing Is true and rect, and that this declaration was signed at San Francisco, Callfomia, on the date stated alow, ated: YI Z3_; 208 Shs Barbara de Vni&S, Petitioner and Administrator of the Estate of Velma V. Lehnherr UPPLEMENT TO THE TRST AND FINAL ACCOUNT 4 CASE NO, PES-06 289 213x PROOF OF SERVICE BY MAIL I declare that | am over 18 years of age, not a party to this matter and | am employed in the City and County where the mailing occurred. On the date indicated below, | deposited in the United States mail at San Francisco, California, a copy of the attached document entitled Supplement to the First and Final Account and Report of Administrator with Will Annexed and Petition for Its Approval; Petition for Payment of Statutory Fees for Ordinary Services to Administrator and Her Attorneys; for Lien Against Real Property and for Reimbursement of Attorneys’ Costs; Petition to Retain Reserve for Taxes and Closing Costs; and Petition for Final Distribution in a sealed envelope, with postage fully prepaid, addressed to: Mr. Witliam A. Lehnherr Mr. Wayne F. Lehnherr 1990 Silver Arrow Drive 2450 38" Avenue Colorado Springs, CO 80915 San Francisco, CA 94116 Ronald W. Leefiang, Esq. Michael Spalding, Esq. 870 Market Street, Suite 349 HEDANI, CHOY, SPALDING & SALVAGIONE San Francisco, CA 94102 595 Market Street, Suite 1100 San Francisco, CA 94105 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed in San Francisco, California on the date iste low.. Dated: q 30 lip ‘N Michael D. Halvorsen ~ “Y SUPPLEMENT TO THE FIRST AND FINAL ACCOUNT 5 CASE No. PES-06 289 213C C “pe/ze“2008 12:26 aciehno ATTY CPA PAGE 05/13 RONALD W. LEEFLANG; SBN 208320 NANCY E, LOFDAHL; SBN 182047 870 Market Street, Ste. 349 San Francisco, CA 94102 Telephone: (415) 956-1251 Facsimile: (415) 956-1259 Attomeys for Petitoner/Contestant William Lehoherr + SUPERIOR COURT OF CALIFORNIA JN AND FOR THE COUNTY OF SAN FRANCISCO InRe. : : |. Case No. PES-06-289213 THE ESTATE OF VELMA LEHNHERR, | SETTLEMENT AGREEMENT. - “senting Parties”), stipulate as follows: . L Petitover/Contestant Williem Lebnherr was represented by atlomeys Ronald W. . _PetifoneriContestant Wit ieabere and Respondent Wayne Lehnkerr (collectively the Leeflang and Nancy B, Loféah! inthis matter, : 2. Respondent Wayne Lehnhert was represented by attorney Michael Spalding in this oatter, * S - 3. Pestioner/Contestant Wiltlem Letaherr and Respondent ‘Wayne Lehnherr have agreed tat this Settlement Agieement vill Tesolve all chims detween them arising from the Will Contest md ‘Grounds of Opposition 0 Probate of Purported Will filed herein by Petitioner/Contestant, and their respective interests in the Estate of Velma Lebnher, Deceased. - 4 Petitioner/Contéstant William Lehnberr and Respondent Wayne Lebnherr agree to settle all claims between them referenced abave as follows: RSROD BOSTON GE"06/30/2003 12:26 — 4158921=70 ATTY CPA Oa a we Ae ett eee A UF WN —& CO. 17 SRRR ESE 25 C C PAGE 06/13 (2) — William Lehnherr shall, on his own bebalfind on dehalfor ell who may claim : rough him, withdraw, release and disniss, with prec, the Will Contest and Grounds of. Opposition tothe Probate ofthe Will of Velma Lehner, and say and sil claims offack of capacity, fy tndae influence, fraud, failure to execute will ‘properly and/or contradictory disposition Provisions, shalt have no rights in and shall make no claim to the assets of the Estate of Velma Letmhern, other than ai set forth inthis Settlement. Agreement, and shal cooperate with Wayne Letnhert and execute all documents retsably necessary to feilitate the agreement set forth . 0)’ William Leber shall ceive the sum of One Hundred Seventy-five Thowsand Doltars (8175,000.00) from the liquid finds currently being held by the Special Administettor in * béing held the name of the estate, ‘ a . . © Willem Lebnherr sal also receive a promissory note: from Wayne Lebaberr for one bundred twenty. five thousand dollers ($125,000. 00), which shall, upon transfer or titeto sald real propery fo Wayne Letters be sritd se. deed of rut against te real property #12450 38 Averiue; San Francisco, Cellfornia, Said deed of trust will scerve compounded interest at fhe rate of sx persent (6%) per amauon and sal continue to acenuc on a esiopound basis wil dete of the triggering event ‘specified below, While ‘the deed of trust is on the property, Wayne Letnherr will be responsible for pryment of all texes, insurance, and other costs related thereto. Inthe absence of 4 triggering event; Wayne Lethe shell have no-obligation to pay Interest on sald ote on cuentas and no chlgntinto pay dow the principal thereof. Upon the happening ofertas evn which shall be defined as (a) sale of the sald real property; (b) the deathof Wayne Letmherr, ot (@ tbe fle Woyne Lehner tose be rope ashis principal place of residence fora continuous period of more than six (6) months, then te oustanding balance of principe and accrued interes shall be pad In ful 2 AeOAthT Nate nceaT PL“ee 20/2008 12:26 uses 70 ATTY CPA “PAGE 87/13 7 © William Lehnherr will not be responsible for payment ofany costs related to the admintstration Of the Estate of Velma-Lehnhert, Including, but not limited: tothe attorney fees and . costs incurred In the speci Adcainictstion of sold Estate, —R “fraay party has to retum to cout to enforce any provision of this Agreement the prevaling pay shall be entitled to reasonable attomey fees and costs from the opposing party.” 6. The parties do not intend by entering Into this Settlement Agreement, to adroit the vali of my of the claims of any other party thereto, the validity ofwhleh fs expressly denied, Itls Instead the intent of the partic’, in recognition of, amorig oer thing the costs, expenses and uncertainty of litigation, tor resolve and end thelr dispute by way of their execution of this Settlement Agreement and ixecition ofthe documents referenced herein or contemplated hereby. Aceoptingly an for yatuabte consideration which the parties hetéto hereby aclaowledpe, William Lehnherr and Wayne Letnberr intend to and do hereby settle, release, and waive | any and atl clsims Between each other, agents, eaplges, anyone allegedly seting in concert with either of them, arising from’ orrelatedto the subject matter of this netion, This includes #1 claims which elther = party may have’ under Callfornia Civil Code Section 1542 which states: ae . , "A general release does not extend to claims which the creditor docs not know’ or suspect , ‘to existinhis favor at the time of executing the release, which if known by him must have rpsterially affected Wis settlement with the debtor,” except as may be specifically setout in , this stipulation, ‘ 7, Bach party, agrees, on demand of the other, to execute or dsiver any instrument, furnish any Information, or perforrs any other act conventent or reasonably necessary to carry out the prodone of this Settlement Agreement without sny unde delay ‘or expense. _ SRNL CGN 120827 PHC , C “96/30/2008 12326 asessalere aTTY CPA C PAGE e@8/13 31 chit Proeeds *B,. The agreement memorialized herein is intended by Settling Parties to be a binding and enforceable Settlemett Agreement within the meaning of and as provided la California Code of .. Setter 6646. .O ” OT Ifany portiod OF any part of ny provision ofthis Setlenent ‘Agreement i is forany reason bela to be invalld, tmenforceable or contrary to any potlie policy, law, statute, and/or 6 : 4 ordinance, then the remainder thereof shall riot be affected thereby and shall remain vatid and fully: 3 enforce 10. This Settlement Agreenient ney be executed in counterparts, sud as s0 executed shall constitute’ an Aptement ‘which shall be binding tpon alll parties hereto, notwithstaiding thet ihe signatures of elf partes and their designted representatives do not appear onthe sare page. Facsimile; scanned, sod/or photocopied signatures are to be accepted svoriginals signttures. 1. This Settlement Agreement contains the entire Agreement between Settlog Petes wheter oa i, sod supersedes and replaces any prior agreements and . tnderstendings, any, whether orl orvatiten beteeen and among them with respect to such motters. this Settlement Agreement my not be amended or altered except by the written agreement of Setling: Parties, The terms of this Settlement Agreement are contracts and pot a mee recital. Settling Parties acknowledge that no promise. or inducement has been made or offered, excepting as herela set forth; that this Settlement Agreementis executed svithout relfance upon any statement or representation by any of the parties released or thelr representatives concerning the nature of extent of Injustes of damages or legal vebiity therefore... 120 The terns of this Settelement Agreement shall be binding oon the spouses, heirs, representatives, successors and assignsof Setting Parties. __ 17 GRIST. 658208 120027 PE- . “9s/30/2008 12:26 159921670 ATTY CPA PASE 09/13 va Soe on in a eee mee Ar OD AS “16 C C. C 13." Any capi arising out Stthe effect or enforcement of ‘his spreement shall be Zesty the Se Franco Siro Coub, cecbhanstys eee . eee terete . Witem Lehsber — oe Petitioner/Contestint - * soe . Rood Wietaae ‘ . _ Attorney for Petittondr/Confestant wo NanepEaraait: . : “Attorney for Petone/Cxatrent + Wayne Lebnherr * Respondent maa Log oy | thie (ihc =: | + Segui eatatos rzsezz ed- . 96/30/2008 12:25 44858922470 arry PA PACE 10/13 ee/ze/zee9 13:55 4154212858 pln ws 13. Any dignutes arising out of the effect or enforcement of this agreenmect shall ve cums tne he resolved by the San Francisco Superior Court. Doeted: 3 SZ - 08 Les William Lebeberr “f/f. —— pated:_(125 /08- Crredll : Ronald W, Leefang Attorney for Petitioser/Contestant maces Fahd ~ Najity E, Lofdakt Attorney for Petitfoner/Contestant Dated: Wayne Lebaherr Respondent . . Dated: Michael Spebiing Attorney for Respondent $SGENt0LT-BVAS 12.08.27 PS