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HomeMy WebLinkAbout00-0939 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "'-' r-:=., f::::;.) --.J ~ File No. 21-00-00939 C) -::0 '~~C) "-;:1- ~, '-'- ORPHANS COURT DIVISION I W TRUST UNDER WILL OF H. ROBERT LASDA Y, DECEASED -:J !'V RECEIPT, RELEASE AND REFUNDING AGREEMENT -...J WHEREAS, the Trust under the last will ofH. Robert Lasday, deceased (the "Trust") was created by will dated August 26,1999. It was partially funded on January 1,2003 and, finally, on June 12,2003. Trustee, Harry 1. Rubin, has filed Receipts and Releases with respect to the distribution of the assets of the estate ofH. Robert Lasday to him as trustee. Pursuant to Article 8 (Residuary Estate) of the will, the trust is to be held for the life of the surviving spouse of H. Robert Lasday. His surviving spouse, Eileen K. Lasday, died during the administration ofH. Robert Lasday's Estate on February 7, 2002; so, pursuant to the provisions of the will, trustee distributed the sum of $10,000 to Theodore H. Hecker and continued to hold the assets of the trust in separate shares for the benefit of the descendants of H. Robert Lasday, per stirpes. At the time of the death of decedent's surviving spouse and at the time of the final distribution of the assets of the estate of decedent, his surviving descendants consisted of two children. The terms of the will state that any share into which the trust is divided which is held for a child of decedent shall be distributed to that child when the child reaches the age of forty (40) years. A child of decedent, Frances M. Fencel, previously reached the age of forty (40) years and received a distribution of one-half of the assets of the trust. A Receipt, Release and Refunding Agreement was filed by her on March 24, 2005 with respect to the distribution to her. The second child of decedent, Brian E. Morris, has now reached the age of forty (40) years and is entitled to receive the remaining assets of the trust. The trustee proposes to make final distribution of these remaining assets held for Brian E. Morris. The property being held and to be distributed is reflected on the attached Schedule "A." . The undersigned has received a copy of an accounting for the trust for the period January 1,2003, through June 19,2007. All records regarding the administration of the trust since its inception are available for examination by the undersigned at the trust's principal place of administration: c/o Harry J. Rubin, Trustee of the H. Robert Lasday Trust, 240 N. 3rd Street, P.O. Box 1129, Harrisburg, PA 17108-1129. 1 % 1992764.1 NOW, THEREFORE, in consideration of the Trustee's making the above-referenced distribution without a judicial accounting and other good and valuable consideration, receipt of which is acknowledged, the undersigned, Brian E. Morris: (1) Agrees that the remaining Trust balance reflected on Schedule "A" comprises all the remaining Trust property to which the undersigned is entitled; (2) Waives all his rights to demand a judicial accounting for the Trust; (3) Warrants that the undersigned has not assigned, mortgaged, pledged or otherwise encumbered his interest in the Trust; (4) To the extent of the property heretofore and hereafter distributed to the undersigned from the Trust, agrees, upon demand, to make appropriate refund to the Trustee in the event and to the extent that it is at any time determined that an excess distribution has been made (whether by reason of claims against the Trust for taxes, expenses or other charges or for any other reason) and to indemnify and hold HARRY 1. RUBIN, and his affiliates as agents, harmless from any loss or claim arising from the administration of the Trust; and (5) Upon receipt of the property reflected on the attached Schedule "A", releases and discharges HARRY J. RUBIN, and his affiliates and agents, from any and all liability and claims which the undersigned had, has or ever may have against said Trustee and/or his affiliates and agents, for all acts done or omitted to be done by him as Trustee or in any way related to the Trust and releases and discharges HARRY 1. RUBIN from further responsibility and accountability with respect to the Trust. The provisions of this instrument shall bind the undersigned, his heirs, personal representatives, successors and assigns and shall inure to the benefit of HARRY 1. RUBIN, his heirs, personal representatives, successors and assigns. l3~J Intending to be legally bound hereby, I have hereunto set my hand and seal this day of July, 2007. Witness: lL euf~ BRIAN E. MORRIS ~t~~ Print ~if~JJ f. tJl1JLE (fl~- Print Name: :r c..~ Le"reW' 2 1992764.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN r) On this, the 7-"1 day of July, 2004, personally appeared BRIAN E. MORRIS, known to me or satisfactorily proven to be the person who executed the foregoing Receipt, Release and Refunding Agreement, and acknowledged that he executed the same for the purposes therein expressed {NOTARY SEAL} -mJk~ Notary Public Print Notary Name: NO'NW. 1M&. MICHAEl E MIMIO Notary NlIc IWAPDEN 1WP.C~COUNIY Mv ConlmWl.w1 &pIMa Feb It, 2CI09 #, C&I€c... (; ;:Yjee,l/,eo Commission Number: / ,;]1.3 5',~ ~ Commission Expires: d2. c;).$' . .;lcnJ i 3 1992764.1 SCHEDULE A One-half (112) limited partnership unit in Park Terrace Investors Limited Partnership One-half (1/2) limited partnership unit in Tamarlane Investors Limited Partnership Cash in the amount of $46,000 4 1992764.1