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HomeMy WebLinkAbout11-01-13 (2) n IN RE: ESTATE AND TRUST OF IN THE COURT OF COMMON PLEAS MILDRED L. FEENEY, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION FILE NO.: 2013-00447 RECEIPT, RELEASE, REFUNDING AGREEMEN� FOR PRE-RESIDUARY DISTRIBUTIONS FROM ESTATE A�jD TRU c w = m ca cn THIS AGREEMENT, made this 6`h day of September, 2013, : � e m n z M ' M a WITNESSETH : -n Dn ° �? T -n CJ ° -'n THE CIRCUMSTANCES leading up to the execution of this Agreemeno are as"15611o�s 2 v ' " Cn ° 1. Mildred L. Feeney (the "Decedent"), a widow, died testate without issu&,rbn March 31, 2013, a resident of Upper Allen Township, Cumberland County, Pennsylvania. 2. The decedent's late husband, Thomas J. Feeney (the "Decedent's Spouse"), died on April 29, 2003, also a resident of Cumberland County, Pennsylvania. 3. On April 18, 2013, the Register of Wills of Cumberland County, Pennsylvania (the "Register") issued Letters Testamentary to George A. Seamands and Robert R. Church, Esq., as co-executors (collectively, "the Executors") for administration of the Decedent's probate estate (the "Estate"). 4. The Decedent's Last Will and Testament, dated March 20, 1998 (the "Will"), provides as follows concerning the disposition of the Estate: SECOND: I give, devise and bequeath the rest, residue and remainder of my estate, real and personal, to the Trustee of that certain Revocable Trust Agreement . . . dated September 12, 1997, as revised and restated in its entirety on even date herewith. The Trustee shall add the property bequeathed and devised by this Article to the principal of such Trust and shall hold, administer and distribute such property in accordance with the provisions of such Trust Agreement, as amended. 5. The Thomas J. and Mildred L. Feeney Revocable Trust Agreement (the "Trust") was created jointly by the Decedent's Spouse and the Decedent, as co-settlors (collectively, the "Settlors"), by their Revocable Trust Agreement, originally dated September 12, 1997, with Decedent's Spouse, Thomas J. Feeney, as the original trustee. 6. On March 20, 1998, the Settlors revised and restated the Trust Agreement in its entirety, pursuant to their retained powers of amendment and revocation. By that certain Sole Amendment dated September 12, 2000, and subsequently by that certain Second Amendment dated September 14, 2001, the Settlers further amended the Trust Agreement in certain particulars, pursuant to their retained powers of amendment and revocation. The above- referenced Revocable Trust Agreement, as restated and subsequently amended as aforesaid, is hereinafter referred to collectively as the "Trust Agreement." 7. According to its terms, the Trust Agreement became irrevocable in 2003, upon the death of the Decedent's Spouse, Thomas J. Feeney, as co-settlor. 8. By that certain Acceptance and Appointment dated June 7, 2003, George A. Seamands became sole successor trustee (the "Trustee") of the Trust. The Executors and the Trustee are hereinafter collectively referred to as the "Fiduciaries". The Fiduciaries and the Beneficiaries are hereinafter collectively referred to as the "Parties". 9. During her lifetime, the Decedent was the sole beneficiary of the Trust. The remainder beneficiaries of the Trust are several named individuals and charitable organizations. Those individuals and charitable organizations and their respective pre-residuary legacies provided in the Trust Agreement (excluding, however, those persons described in Paragraph 10, below who are believed to be deceased) (collectively, the "Beneficiaries"), are more particularly - 2 - described on the attached Schedule of Distribution (the "Schedule"), which is fully incorporated herein by this reference. 10. In addition to the Beneficiaries, the Trust Agreement provides pre-residuary legacies for the following individuals, to wit: A. Arthur and Helen Neish Knight, equally or to the survivor of them, to receive 6.6% of the trust estate, but not more than $7,000, and; B. George Albert Caverly, entitled to receive 14.2% of the trust estate, but not more than $15,000. 11. The Fiduciaries have attempted to contact these three legatees, without success. The Fiduciaries therefore believe these three individuals all predeceased the Decedent, and that therefore these pre-residuary legacies lapsed, in accordance with the terms of the Trust Agreement. For this reason, these three individuals and their respective pre-residuary pecuniary legacies are not included on the Schedule. 12. The Fiduciaries are now ready to pay the pre-residuary legacies, as described on the Schedule, in the total amount of$98,000, in consideration of the indemnifications hereinafter provided, with the same to be distributed to the Beneficiaries, as set forth on the Schedule, in full satisfaction of the Beneficiaries' respective rights and interests in both the Trust and the Estate. 13. In the weeks prior to the Decedent's death, she wrote three checks (Nos. 3464, 3526, and 3527) (collectively, the "Checks") in the total amount of$25,000. The Checks were payable to Carol Davies ($5,000), Terri and Norman Pontes ($10,000) and Maria Rosito, the Decedent's caregiver($10,000). In accordance with the Decedent's oral instructions, the Checks were not delivered to these payees during the Decedent's lifetime. The Fiduciaries have been formally advised by the Pennsylvania Office of Attorney General, Charitable Trusts and - 3 - Organizations Section (the "Attorney General"), that the Checks are legally void as attempted testamentary transfers, because the Checks were not delivered, cashed and cleared during the Decedent's lifetime. 14. As directed by the Attorney General, the Fiduciaries have marked the Checks "void". The Fiduciaries now desire Carol Davies and Terri Pontes, as both payees (of some of the Checks) and as Beneficiaries under this Agreement, to agree and confirm that the Checks are void and of no legal effect whatsoever. By executing this Agreement, Carol Davies and Terri Pontes each wish to acknowledge and agree to the same and desire to release the Fiduciaries in all respects concerning the Checks, as hereinafter provided. 15. For the foregoing reasons, the Beneficiaries all desire to execute this Agreement in order to release the Fiduciaries and to confirm their receipt of their respective final cash distributions from the Fiduciaries, upon the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the foregoing, and intending to be legally bound hereby, severally but not jointly, the Parties, for themselves,their heirs, personal representatives, successors and assigns, hereby agree as follows: A. The Parties represent and warrant that they have read and understand this Agreement and confirm that the facts set forth are true and correct, to the best of their knowledge, information and belief. B. The Beneficiaries hereby absolutely and irrevocably remise, release, quitclaim and forever discharge the Fiduciaries, the Trust and the Estate, including their attorneys, agents, employees, successors and assigns, of and from any and all actions,payments, accounts, reckonings, liability claims and demands relating in any way to the Estate and/or to the Trust and, additionally with respect to Carol Davies and Terri Pontes, also hereby give similar and additional release and discharge to the Fiduciaries concerning the Checks. C. The Beneficiaries hereby each acknowledge receipt of their respective final cash distributions from the Estate/Trust, as more particularly set forth on the Schedule, - 4 - in full and final satisfaction of any and all of their rights and interests in the Estate and/or to the Trust for all purposes. D. To the extent of the above-described final distributions to each of them, the Beneficiaries hereby agree to refund, on demand, all or any part of their i respective distributions, which are determined by the Fiduciaries, or any of them, or by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania (the "Court"), or by any other court of competent jurisdiction, to have been improperly made. To the extent of their above-described final ons, the Beneficiaries each agree nify and hold har e Fiduciaries, or any of them, and Estate and the Tnast, inc attorneys, agents, employees, successors and assigns, from an amst any claims, losses, liabilities or damages that may be as against the Fiduciaries, or a or against the Estate a or the Trust, with respect to this Agreement, including escribed final distributions. F. The Parties all hereby consent to the Court exercising personal jurisdiction over each of them in any suit or action arising out of the enforcement of this Agreement. G. The Beneficiaries represent, warrant and agree that they have entered into this Agreement of their own free will, without any compulsion, duress or undue influence from anyone; and acknowledge that they have had the opportunity to seek the advice of an attorney prior to the execution of this Agreement, or have voluntarily chosen not to do so. H. This Agreement may be filed of record with the Court and/or with the Register. I. This Agreement is binding upon the Parties and upon their respective heirs, successors and assigns, and that this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. J. This Agreement represents the entire understanding between the Parties with respect to the subject matter hereof, and supersedes any and all previous representations, understandings, or agreements, whether oral or written, between the Parties with respect to the subject matter hereof. No promise or inducement that is not herein expressed has been made to any of the Parties, and those Parties do not rely upon any statement of representation made by any person. K. If any term, condition, clause or provision of this Agreement should be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement. In all - 5 - other respects, this Agreement shall be valid and continue in full force, effect and operation. IN WITNESS WHEREOF, the Parties have set their hands and seals to the Consents attached hereto, with the same to be effective as of the date first above written. - 6 - IN RE: ESTATE AND TRUST OF IN THE COURT OF COMMON PLEAS M IL L. FEENEY, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION FILE NO.: 2013-00447 CONSENT TO RECEIPT, RELEASE,REFUNDING AGREEMENT FOI2 PRE=RESIDUARY DISTRIBUTIONS FROM ESTATE AND TRUST 6\b6a*of r4rr2 SusgveYwrM valley 015mr The AMERICAN RED CROSS, by its duly authorized officer, Mary Elizabeth Cisneros,Vice President and Deputy General Counsel, being the organization named as a Beneficiary of the Thomas J. and Mildred L. Feeney Revocable 'Trust, does hereby consent to and join in the Receipt, Release, Refunding *+Agreement For Pre-Residuary Distributions From Estate And Trust,dated September 6,2013 (the "Agreement"), including the attached Schedule of Distribution, for the purposes expressed therein, and acknowledges receipt of a copy of the Agreement, including the attached Schedule of Distribution. ATTF T: AMERICAN nMary RED Q CROSS p Na e: Beve E.Pere2 a beth Cisneros. Vice- Titl : Assrstant C rate Secretary President and Deputy General Counsel STA4Z-OF q It SS. ON THIS,the day of ( } {�t?a , 2013, before me,the undersigned officer, personally appeared Mary Elizabeth Cisneros, known to me (or satisfactorily proven) to be a duly authorized Vice President and Deputy General Counsel of the American Red Cross, whose name is subscribed to the within instrument,and acknowledged that she, as such officer, being authorized so to do, executed the same on behalf of such organization for the purposes expressed therein. IN WITNESS WHEREOF, I hereunder set my hand and official se otary Pu 'c SIMONE G.wHiTE Notary Public,District of Columbia - 16 - My Commission Expires April 30, 2015 v IN RE: ESTATE AND TRUST OF IN THE COURT OF COMMON PLEAS MILDRED L. FEENEY, CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION FILE NO.: 2013-00447 RECEIPT, RELEASE, REFUNDING AND INDEMNITY AGREEMENT FOR PRE-RESIDUARY DISTRIBUTIONS FROM ESTATE AND TRUST SCHEDULE OF DISTRIBUTION Name of Beneficiary Address Pre-Residuary Legacy The American Red Cross, 1804 N. 6`h Street $7,000 for its disaster of Harrisburg, Pennsylvania Harrisburg, PA 17102 relief fund The Salvation Army, of 1122 Green Street $7,000 for its disaster Harrisburg, Pennsylvania Harrisburg, PA 17102 relief fund Terri Pontes, a/k/a 2774 Bucklepost Crescent 6.6%, but not more Mrs. Norman Pontes and Mississauga, On., L5N IX5 than $7,000 f/k/a Terri Simpson Canada Carol Ann Davies R.R. #') Station Main 6.6%, but not more (nee Caverly) Hwy. I I8E, #3000 than $7,000 Bracebridge, On., P 1 L IXI Canada Frank and Margaret Graham, 20 Prince Arthur 6.6%, but not more equally or the survivor Avenue, #4D than $7,000 Toronto, On., M5R IB1 Canada Robert P. Feeney and Eileen 42 Donica Road 29.7%, but not more Mescal] Feeney, equally or York, ME 03909 than $31,500 the survivor Brendan F. Feeney and Mary 17 Hagar Street 29.7%, but not more Egan Feeney, equally or the Newton Lower Falls, MA than $31,500 survivor 02462 Total—Pre-Residuary Legacies 598.000 KEEPER WOOD ALLEN & RAHAL, LLP ATTORNEYS AT LAW 210 WALNUT STREET ROBERT R. CHURCH P.O. SOX 11963 OF COUNSEL: Phone: (717)255-8059 HARRISBURG, PA 17106.1963 N. DAVID RAHAL Fax: (717)255-8050 ESTABLISHED IN 1878 CHARLES W. RUBENDALL II rchurch @keeferwood.com October 31, 2013 w M M 07 r1 Glenda Farner Strasbaugh, Register of Wills ;a , Cumberland County Courthouse �T- - One Courthouse Square o �; Q °n Carlisle, PA 17013-33$7 ez ') o ti CZ M Re: Estate of Mildred L. Feeney, deceased a (n C File No, 2013-00447 Dear Mrs. Strasbaugh: I enclose the following documents for filing in this matter: I. Receipt, Release, Refunding and Indemnity Agreement For Pre-Residuary Distributions From Estate and Trust, including Schedule of Distribution, dated September 6, 2013. 2. Receipt, Release, Refunding Agreement For Pre-Residuary Distributions From Estate and Trust, including Schedule of Distribution, dated September 6, 2013 (Re: American Red Cross only). 3. The Estate's disbursement check in the amount of$10 to cover the filing fees. 4. Copies of page one of each Release to be date-stamped and returned to me. I enclose a self-addressed stamped envelope for this purpose. If you have any questions concerning this matter, please call me at the direct dial number listed above. Thank you for your assistance. Very truly yours, KEEFER WOOD ALLEN &RAHAL, LLP By: RRC/kpf Robert R. Church, Esq. Enclosures