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IN THE MATTER OF
THE LOTTIE IVY DIXON
IRREVOCABLE TRUST
UIA dated June 15, 1989
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
; NO. ~'-Ol-~
WAIVER OF ACCOUNTING. RECEIPT. RELEASE AND INDEMNIFICATION
AGREEMENT
WITNESSETH:
WHEREAS, Lottie Ivy Dixon (the "Grantor") executed an Irrevocable Agreement
of Trust dated June 15, 1989 (the "Trust") naming Dauphin Deposit Bank and Trust Company
(now Manufacturers and Traders Trust Company) as Trustee; and
WHEREAS, the Grantor died June 28, 2007, her husband having died before her;
and
WHEREAS, George F. Dixon, III and Richard E. Dixon have become Co-Trustees
of the Trust with Manufacturers and Traders Trust Company as a result of the Grantor's death
(hereinafter the "Trustees"); and
WHEREAS, as a result of the Grantor's death, under Article III of the Trust, the
assets pass to Grantor's issue, being her four children who have all attained the age of forty years:
George F. Dixon, III, Richard E. Dixon, Charlotte Dixon Altschul and Marshall L. Dixon
(hereinafter the "Beneficiaries"); and
WHEREAS, during the Grantor's lifetime, the only asset of the Trust was a policy
of insurance on the joint lives of the Grantor and her husband, the proceeds of which have been
collected as follows:
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66'1464.1
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Gross proceeds
Interest from date of death to September 10, 2007
Total
$1,000,000.00
$8,1 10.00
$1.008.110.00
WHEREAS, given the minimal transactions in the Trust, the Trustees are willing to
conclude the Trust on the basis of a waiver of accounting, receipt, release and indemnification
from the Beneficiaries, which is the purpose of this instrument.
NOW THEREFORE, the Beneficiaries, separately and severally, for themselves,
their heirs, administrators, and assigns, do hereby each:
1. Acknowledge that they have had an opportunity to review the books and
records of the Trust and other pertinent documents related to the administration of the Trust, and
sign this Waiver of Accounting, Receipt, Release and Indemnification Agreement with full
knowledge of their interests under the Trust.
2. Approve the payment of a termination fee in the sum of $3,000.00 to
Manufacturers and Traders Trust Company and the sum of $1,750.00 to Rhoads & Sinon LLP
for legal fees related to the conclusion of the Trust.
3. Acknowledge a distribution from the Co-Trustees in the amount of Two
Hundred Fifty Thousand Eight Hundred Forty Dollars ($250,840.00) from the Trust, in full
satisfaction of all of his or her interests under the Trust.
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4. Hereby absolutely and irrevocably release the Co-Trustees from preparing
a formal accounting in connection with the administration of the Trust and approve the
transactions undertaken by the Co-Trustees for the Trust as though said transactions were
contained in a formal accounting which had been confirmed absolutely by the Court having
jurisdiction over the Trust.
5. Hereby absolutely and irrevocably waive the filing and auditing of any
accounting with the Orphans' Court Division of the Court of Common Pleas of Cumberland
County, Pennsylvania, or in any other jurisdiction in connection with the administration of the
Trust.
6. Hereby absolutely and irrevocably release, remise, quitclaim and forever
discharge the Co- Trustees, individually and in their fiduciary capacities, their heirs,
administrators and assigns, of and from all actions and causes of actions, suits, payments,
accounts, reckonings, claims and demands whatsoever arising from the administration of the
Trust or in any way related to the distribution provided for herein, whether known or unknown,
from the beginning of time to the day of the date of the signing of this instrument.
7. Agree that if, at any time in the future, the Co-Trustees receive any demand
or claim for any amount claimed to be due and owing from them, as Co-Trustees, and they approve
said demand or claim, each of the undersigned shall, at the request of the Co-Trustees, pay to the
Co- Trustees one-fourth the amount of any such demand or claim, or if it has been paid by the Co-
Trustees, then reimburse them for one-fourth of the amount paid by them, provided that the amount
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of such requested payment or reimbursement shall not exceed the total of the assets paid or
distributed by the Co-Trustees as set forth herein.
8. Agree to indemnify the Co-Trustees and hold them harmless, to the extent
of the Trust assets received by him or her, from and against any and all claims, loss, liability or
damage (including legal fees and costs) which the Co-Trustees may suffer or to which they may be
subjected by reason of the distribution of the assets provided for herein without having formal
approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County,
Pennsylvania, or any other jurisdiction.
9. Agree that this Waiver of Accounting, Receipt, Release and Indemnification
Agreement is intended to be and shall be legally binding upon the Beneficiaries, their heirs,
administrators, and assigns.
IN WITNESS WHEREOF, intendin~g.~~allY bound hereby, the undersigned
have hereunto set their hands and seals this ~ day of ~ .2007.
~ ~~
George F. Jixon, ill
Richard E. Dixon
Charlotte Dixon Altschul
Marshall L. Dixon
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STATE OF ~ V\.e...S 'S e e..
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On this, the -<daY of ~ ' 2007, before me, a No1ary
Public, the undersigned officer, personally appeared GEORGE F. DIXON, III, an adult individual,
COUNTY OF
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 for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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of such requested payment or reimbursement shall not exceed the total of the assets paid or
distributed by the Co-Trustees as set forth herein.
8. Agree to indemnify the Co-Trustees and hold them harmless, to the extent
of the Trust assets received by him or her, from and against any and all claims, loss, liability or
damage (including legal fees and costs) which the Co-Trustees may suffer or to which they may be
subjected by reason of the distribution of the assets provided for herein without having formal
approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County,
Pennsylvania, or any other jurisdiction.
9. Agree that this Waiver of Accounting, Receipt, Release and Indemnification
Agreement is intended to be and shall be legally binding upon the Beneficiaries, their heirs,
administrators, and assigns.
IN WITNESS WHEREOF, intending to be legally bound hereby, the undersigned
have hereunto set their hands and seals this _ day of
,2007.
WITNESS:
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George F. Dixon, III
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Richard E. Dixon
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Charlotte Dixon Altschul
Marshall L. Dixon
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STATE OF FI-arldc....,
COUNTY OF "-M lis brro~
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On this, the J) j~y of +V~
, 2007, before me, a Notary
Public, the undersigned officer, personally appeared RICHARD E. DIXON, an adult individual,
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 for the purposes therein contained.
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
THE FOREGOING INST]YMENT WAS AQKNO LEDGED
BEFORE ME THIS bJ-.r _ DAY OF ~ . Iou- ,9.06,-
WHO IS PERSONALLY KNOWN TO ME OR HAS
PRODUCED F.L D L .
AS IDENTIFICATION AND WHO DID (DID NOT)
TAKEAN OATH
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of such requested payment or reimbursement shall not exceed the total of the assets paid or
distributed by the Co-Trustees as set forth herein.
8. Agree to indemnify the Co-Trustees and hold them harmless, to the extent
of the Trust assets received by him or her, from and against any and all claims, loss, liability or
damage (including legal fees and costs) which the Co-Trustees may suffer or to which they may be
subjected by reason of the distribution of the assets provided for herein without having formal
approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County,
Pennsylvania, or any other jurisdiction.
9. Agree that this Waiver of Accounting, Receipt, Release and Indemnification
Agreement is intended to be and shall be legally binding upon the Beneficiaries, their heirs,
administrators, and assigns.
IN WITNESS WHEREOF, intending to be legally bound hereby, the undersigned
have hereunto set their hands and seals this _ day of
,2007.
WITNESS:
George F. Dixon, III
Richard E. Dixon
Char~
\o.~.\:)l
Marshall L. Dixon
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STATE OF ~~
COUNTY OF '0rvsY
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On this, the d day of Cx~
, 2007, before me, a Notary
Public, the undersigned officer, personally appeared CHARLOTTE DIXON ALTSCHUL, an
adult individual, 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, J hereunto set my h~~l seal.
~N\ ~"-'~
ary Pubhc
My Commission Expires: ~ \ \ \ \ z...t,8
(SEAL)
DANrEL Fi~l.A'.n;:~'T'V
Notary Pub'i... , . . 'alne
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of such requested payment or reimbursement shall not exceed the total of the assets paid or
distributed by the Co-Trustees as set forth herein,
8. Agree to indemnify the Co-Trustees and hold them harmless, to the extent
of the Trust assets received by him or her, from and against any and all claims, loss, liability or
damage (including legal fees and costs) which the Co-Trustees may suffer or to which they may be
subjected by reason of the distribution of the assets provided for herein without having formal
approval of the Court of Common Pleas, Orphans' Court Division, of Cumberland County,
Pennsylvania, or any other jurisdiction.
9. Agree that this Waiver of Accounting, Receipt, Release and Indemnification
Agreement is intended to be and shall be legally binding upon the Beneficiaries, their heirs,
administrators, and assigns.
IN WITNESS WHEREOF, intending to be legally bound hereby, the undersigned
have hereunto set their hands and seals this z,:;r- day of ~ ,2007.
WITNESS:
George F. Dixon, III
Richard E. Dixon
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COMMONWEAL TH OF PENNSYL VANIA
COUNTY OF U /tV I'M' tJ
)
) SS:
)
On this, the ~ 1~ day of ~}~ ~ t...r
, 2007, before me, a Notary
Public, the undersigned officer, personally appeared MARSHALL L. DIXON, an adult individual,
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 for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~/~.~'
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
c~Marlanne H. Aclt, Notary Public
My of HI~~' DauPhin County
....on EXpIres June 10,2010
JOINDER:
The undersigned, Executor of the Estate of Lottie Ivy Dixon, hereby joins in and
agrees to be bound by the foregoing Waiver of Accounting, Receipt, Release and
Indemnification Agreement.
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COMMONWEALTH OF PENNSYL VANIA
COUNTY OF l)l<tJf~/^,
)
) SS:
)
~
On this, the 21 day of :J~ ~ be.r
, 2007, before me, a Notary
Public, the undersigned officer, personally appeared MARSHALL L. DIXON, an adult individual,
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 for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~/-t-~'
Notary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Marianne H. Acrt, Notary Public
City of Harrisburg, Dauphin County
My Commission Expires June 10, 2010