HomeMy WebLinkAbout05-08-07
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IN RE:
ESTATE OF ARDELLA V. FLINT,
Deceased
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: IN THE ORPHANS' COURT DIVISION
: NO. 21-060372
APPROVAL OF ACCOUNT. RECEIPT. RELEASE AND INDEMNIFICATION
WHEREAS, Ardella V. Flint (the "Decedent") died on March 21, 2006, leaving a Will
which was duly probated by the Register of Wills of Cumberland County, Pennsylvania on April 28,
2006 and is attached hereto as Exhibit "A"; and
WHEREAS, the Decedent's Will appoints John A. Morefield, Jr. and Frederick L.
Morefield as Co-Executors (the "Co-Executors") and Letters Testamentary were duly granted to the Co-
Executors on April 28, 2006; and
WHEREAS, the Pennsylvania Inheritance Tax return was filed and approved and all
taxes shown therein have been paid in full; and
WHEREAS, the administration of the estate is complete with the exception of the
preparation of fiduciary income tax returns; and
WHEREAS, the transactions of the Estate are set forth in the First and Final Account
of John A. Morefield, Jr. and Frederick L. Morefield attached hereto as Exhibit "B"; and
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WHEREAS, Items 2(a) and 3 of the Last Will and Testament establi~~t ("~'sc;.~~
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Trust'') for the benefit of John A. Morefield, Jr., his wife Mary Ann Morefield and thei~~f Jq!W A..
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Morefield, Jr.; and
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WHEREAS, Items 2(b) and 4 of the Last Will and Testament establishing a Trust
("Fred's Trust") for the benefit of Frederick L. Morefield, his wife Betty Louise Morefield and the issue
of Frederick L. Morefield; and
WHEREAS, Item 14(a) appoints John A. Morefield, Jr. and Mary Ann Morefield as
Co-Trustees, of "John's Trust"; and
WHEREAS, the Co-Trustees of "John's Trust" in accordance with Item 14(a) have
appointed Hershey Trust Company as Co-Trustee; and
WHEREAS, Item 14(b) appoints Frederck L. Morefield, Betty L. Morefield and O.
Leland Mahan as Trustees of "Fred's Trust"; and
WHEREAS, the Co-Trustees of Fred's Trust in accordance with Item 14(b) have
removed O. Leland Mahan as Co-Trustee and appointed Hershey Trust Company as Co- Trustee in his
place; and
WHEREAS, Frederick L. Morefield has irrevocably disclaimed and renounced his
beneficial interest in the Trust established under Item 4; and
WHEREAS, the beneficiaries desire that the Estate be concluded without the expense
and formality of a court accounting; and
WHEREAS, the Co-Executors are willing to conclude the Estate on the basis of an
Approval of Account, Receipt, Release and fudemnification which is the pwpose of this instrument to
provide.
NOW, THEREFORE, the undersigned, for themselves, their personal representatives
and heirs, do hereby:
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1. State that they have examined the First and Final Account which is attached
hereto as Exhibit "B" (hereinafter the "Account") and approve the transactions set forth or proposed
therein (and the administration of the Estate generally) as though they were contained in a formal
Accounting which had been confirmed absolutely by the Court having jurisdiction over the Estate.
2. Waive the filing of the Account in any Court and agree that any Court having
jurisdiction over the Estate may confirm the Account in the form attached hereto.
3. Those identified as Trustees below acknowledge receipt from the Co-Executors
of the assets shown as distributed or distributable to them in the said Account in absolute payment of
and in full satisfaction of their interest under the Decedent's Will or in Decedent's Estate.
4. Do hereby absolutely and irrevocably release, remise, quitclaim and forever
discharge the said Co-Executors, their personal representatives, heirs and assigns, of and from all
actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason of their
actions as Co-Executors of the Estate.
5. Do hereby absolutely and irrevocably release the Co-Executors from filing any
Account, Petition for Distribution or other document with the Court of Common Pleas of Cumberland
County, Pennsylvania, or in any other jurisdiction in connection with the Estate of the said Decedent.
6. Those identified as Trustees below hereby agree that if, at any time in the future,
the said Co-Executors receive any demand or claim for any amount claimed to be due and owing from
the Estate, or them as Co-Executors, and approve said demand or claim, they shall, at the request of the
said Co-Executors, pay to the said Co-Executors the amount of any such demand or claim, or if it has
been paid by the said Co-Executors, then reimburse them from the assets of the Trust for the amount
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paid by them, provided that the amount of such requested payment or reimbursement shall not exceed
the total of the assets paid or distributed by said Co-Executors to such Trustees as set forth in the
attached Account.
7. Those identified as Trustees below and only as Trustees hereby agree to
indemnify the Co-Executors and hold them harmless, to the extent of the Estate assets received by the
undersigned Trustees, from and against any and all claims, loss, liability or damage (including legal
fees and costs) which they may suffer or to which they may be subjected by reason of the
administration of the Estate or the distribution of the assets of the estate without having formal approval
of the Court of Common Pleas, Orphans' Court Division, of Cumberland County, Pennsylvania, or any
other jurisdiction.
8. Do hereby agree that this Agreement may be signed and acknowledged by the
parties hereto in counterparts and a complete set of executed counterparts, containing the signatures of
all parties, shall constitute an original and complete instrument.
This instrument shall be legally binding upon the undersigned, their heirs,
administrators and assigns.
IN WITNESS WHEREOF, each of the undersigned has executed this Agreement on
the 2:f..... day of fi? If1l<-If
,2007.
WITNESS:
rn AQ 'J ~ N ~ 1:.. ~. Q.,E. t=', ~ \. 1-7
o A. Morefiel r., Individually, and as
o-Executor of the Estate and as Co-Trustee
of the Ardella V. Flint Trust f/b/o
John A. Morefield, Jr.
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fIb/o John A. Morefield, Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust fIb/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fIb/o Frederick L. Morefield
Hershey Trust Company, Co-Trustee of the
Trust fIb/o John A. Morefield, Jr. and of the
Trust fIb/o Frederick L. Morefield U/W of
Ardella V. Flint
Julie Morefield Holter
Hans P. Morefield
James F. Morefield
Elizabeth Morefield Schoepke
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f/b/o John A. Morefie ,Jr
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Betty L. Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f/b/o Frederick L. Morefield
Hershey Trust Company, Co-Trustee of the
Trust f/b/o John A. Morefield, Jr. and of the
Trust f/b/o Frederick L. Morefield U/W of
Ardella V. Flint
Julie Morefield Holter
Hans P. Morefield
James F. Morefield
Elizabeth Morefield Schoepke
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fIb/o John A. Morefield, Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co- Trustee of the Ardella V.
Flint Trust fIb/o Frederick L. Mo fie
Hershey Trust Company, Co- Trustee of the
Trust fIb/o John A Morefield, Jr. and of the
Trust fIb/o Frederick L. Morefield U/W of
Ardella V. Flint
Julie Morefield Holter
Hans P. Morefield
James F. Morefield
Elizabeth Morefield Schoepke
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f7b/o John A. Morefield; Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust f7b/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co- Trustee of the Ardella V. Flint Trust
f7b/o Fr L. Morefield
Julie Morefield Holter
Hans P. Morefield
James F. Morefield
Elizabeth Morefield Schoepke
John D. Morefield
Raimo Morefield
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r.
Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f7b/o John A. Morefield, Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust f7b/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co- Trustee of the Ardella V. Flint Trust
f7b/o Frederick L. Morefield
Hershey Trust Company, Co-Trustee of the
Trust f7b/o John A Morefield, Jr. and of the
Trust f7b/o Frederick L. Morefield UIW of
Ardella V. Flint ~
Ju1ie~
Hans P. Morefield
James F. Morefield
Elizabeth Morefield Schoepke
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f/b/o John A. Morefield, Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust f/b/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f/b/o Frederick L. Morefield
Hershey Trust Company, Co-Trustee of the
Trust f/b/o John A. Morefield, Jr. and of the
Trust f/b/o Frederick L. Morefield UfW of
Ardella V. Flint
James F. Morefield
Elizabeth Morefield Schoepke
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fib/o John A. Morefield, Jr.
Freder!ck L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust fib/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fib/o Frederick L. Morefield
Hershey Trust Company, Co-Trustee of the
Trust fib/o John A. Morefield, Jr. and of the
Trust fib/o Frederick L. Morefield UIW of
Ardella V. Flint
Julie Morefield Holter
~
J s. Morefield
Elizabeth Morefield Schoepke
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fIb/o John A. Morefield, Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust fIb/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fIb/o Frederick L. Morefield
Hershey Trust Company, Co- Trustee of the
Trust fIb/o John A Morefield, Jr. and of the
Trust fIb/o Frederick L. Morefield U/W of
Ardella V. Flint
Julie Morefield Holter
Hans P. Morefield
James F. Morefield
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f7b/o John A. Morefield, Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust f7b/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
f7b/o Frederick L. Morefield
Hershey Trust Company, Co-Trustee of the
Trust f7b/o John A. Morefield, Jr. and of the
Trust f7b/o Frederick L. Morefield U/W of
Ardella V. Flint
Julie Morefield Holter
Hans P. Morefield
James F. Morefield
~Morefield Schoepke
~~i
John D. Morefield
Raimo Morefield
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Mary Ann Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fIb/o John A. Morefield, Jr.
Frederick L. Morefield, as Co-Executor of
the Estate and as Co-Trustee of the Ardella V.
Flint Trust fIb/o Frederick L. Morefield
Betty L. Morefield, Individually and as
Co-Trustee of the Ardella V. Flint Trust
fIb/o Frederick L. Morefield
Hershey Trust Company, Co-Trustee of the
Trust fIb/o John A. Morefield, Jr. and of the
Trust fIb/o Frederick L. Morefield U/W of
Ardella V. Flint
Julie Morefield Holter
Hans P. Morefield
James F. Morefield
Elizabeth Morefield Schoepke
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STATE OF ARIZONA
COUNTY OF ~1~
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On this, the f/. day of ~ 2007, before me, a Notary Public, the undersigned
officer, personally appeared JOHN A. MOREFIELD, JR., individually, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
ADAM W. DRlNKALL
NOTARYPUBUC-ARaoNA
MARICOPA COUNTY .
My Commission ~rea
Au ust 27 2010
f?:! -411..0 ~
otary Public
My Commission Expires: ~('ZTI (C)
(SEAL)
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STATE OF ARIZONA
COUNTY OF m ~ Q., \ c..6.p ~
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" REBECCAJ.BRODY
NOTARYPUBUC-AR~ONA
. MARICOPA COUNTY
. My Commission Expires
January 15 2010
On this, thectn-\day of A {'a... \ \.., 2007, before me, a Notary Public, the undersigned
officer, personally appeared MARY ANN MOREFIELD, individually, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Pub .
My Commission Expires:C \ I \ '5 I '20 I G
(SEAL)
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COMMONWEALTH OF 'IlR<JINI1.. Pew.'(~IIl~A )
) SS:
COUNTY OF C-~~-c--.--l~J. )
On this, the;J{, day of tYl~, 2007, before me, a Notary Public, the undersigned
officer, personally appeared FREDERICK L. MOREFIELD, individually, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
CommomrJ88llh fA
NOTARIAL SEAL
SANDRAL. SAMPSON, eFiaMc N tary Publi
Camp HI Boro, Cumberland 0 . c
My COnInIssIon Expns Feb. 2, _ h
My Commission Expires: .2/ rltJ~
(SEAL)
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COMMONWEALTH OF VIRGINIA
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COUNTY OF
On this, the~lh day of}bd .2007, before me, a Notary Public, the Wldersigned
officer, personally appeared BETIY L. MOREFIELD, individually, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereWlto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
Gezien voor legalisatie van de^~andtekenjng van
voomoemde ""ev/c~vV IVlc(~ _Ic~c....n,...,.e (
door mij, mr. Marcus Marinus Maria Oars,
notaris te Raalte op 11 c:y;"l 1.. c~
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COMMONWEALTH OF PENNSYLVANIA )
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COUNTY OF )
On this, the tt.1ay of ~ 2007, before me, a NoW; Public, the lDldersigned
officer, personally appeared!fJtt ~ ,the l~fHersbey
Trust Company, individually, known to me (or satisfactorily proven) to be K;.e person whose name
is subscribed to the within instrwnent, and acknowledged that she executed the same for the
pmposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherry A. Chapman, Notary Public:
Derry Twp., Dauphin County
My Commission Expires Mar. 30, 2010
Member. Pennsylvania Association of Notaries
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My Commission Expires:
(SEAL)
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On this, the 131~y of (JfrzR .2007, before me, a Notary Public, the undersigned
officer, personally appeared JULIE MOREFIELD HOLTER, individually, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
My Commission Expires:
(SEAL)
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STATE OF NEW YORK.
COUNTYOF Wf{'t~~
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) SS:
)
On this, the ~day of /jflvll .2007, before me, a Notary Public, the undersigned
officer, personally appeared HANS P. MOREFIELD, individually, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that
she executed the same for the pmposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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THERESA GIANNONE
Notary Public - State of New York
NO.01G14888784
Qualified In Westchester County (
My Commission Explres..!::J -b - I
Notary Public
My Commission Expires:
(SEAL)
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.
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF )
~
On this, the~ day of "\~~ . 2007, before me, a Notary Public, the undersigned
officer, personally appeared JAMES F. MOREFIELD, individually, mown to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acmowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MARY LOU WOLLASTON, Notary Public
Westtown Twp" Chester County
M CommiSSion Ex ires September 24 2009
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My Commission Expires:
(SEAL)
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COMMONWEALTH OF MASSACHUSETTS )
) SS:
COUNTY OF lU(J'C~ )
On this, the if-day of Apt'; , . 2007, before me, a Notary Public, the undersigned
officer, personally appeared ELIZABETH MOREFIELD SCHOEPKE, individually, known to me
(or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
\1) TIFFANY LEATON
NOTARY PUBLIC
COMMONWEALTH OF MASSACHUS
My Commission Expires Mill'. 3O.~
. ssion Expires: 3'~'Wl
(SEAL)
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COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ~bM&u\A )
On this, the 1f!aay of Itpn' I . 2007, before me, a Notary Public, the undersigned
officer, personally appeared JOHN D. MOREFIELD, individually, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
5N'~DRA L i~,";:,rr' y Commission Expires: :1./ ~ /OF
~~i~ExpirosFeb.~ {(
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On this, theft day Of~, 2007, before me, a Notary Public, the undersigned
officer, personally appeared RAIMO MOREFIELD, individually, known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
My Commission Expires: - Il- r
(SEAL) =J.:RM-
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