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Home My WebLink About11-07-14 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 c� �a m RECEIPT AND RELEASE AGREEMENT FOR c-- o <D � FINAL DISTRIBUTIONS FROM ESTATE AND TRUS '7 t sn rw� rn c 7 C THIS INSTRUMENT, made this 22"d day of October, 2014, WITNESSETH : r" . THE CIRCUMSTANCES leading up to the execution of this Instrument are as follows: 1. Mildred L. Feeney (the "Decedent"), a widow, died testate, without issue, on 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"). By that certain Instrument of Resignation, dated October 19, 2013, George A. Seamands resigned as co-executor of the Estate; and, by that certain Instrument of Acceptance, dated October 28, 2013, Robert R. Church, Esq., accepted appointment as sole executor of the Estate. Robert R. Church, Esq., in his fiduciary capacity as sole executor, is hereinafter referred to individually as the "Sole Executor." 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 Settlors 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 as 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 Instrument of Acceptance and Appointment, dated June 7, 2003, George A. Seamands (the "Former Trustee") became sole successor trustee of the Trust. By that certain Instrument of Resignation, dated October 19, 2013, the Former Trustee resigned as sole successor trustee of the Trust; and, at the same time, by that certain Instrument of Acceptance and Appointment, Robert R. Church, Esq. (the "Successor Trustee") became sole successor trustee of the Trust. The Former Trustee and the Successor Trustee are hereinafter referred to collectively as the "Trustees." The Executors and the Trustees are hereinafter referred to collectively as the "Fiduciaries." 9. On September 12, 2014, the First and Final Account of the Executors, and the First and Final Account of the Trustees, both for the period 3/31/2013 —8/31/2014 (the "Accounts"), were filed for adjudication; and, by that certain Order, dated October 14, 2014 (the "Order"), the Court of Common Pleas of Cumberland County, Orphans' Court Division (the "Court"), confirmed the Accounts and approved distribution equally to the residuary legatees of the Estate/Trust, namely, the Military Officers' Association of America Scholarship Fund and the Hospice Fund of the Veterans Administration Medical Center(collectively, the 'Beneficiaries"). The Beneficiaries and their respective final distributions are more particularly described on the attached Schedule of Final Distribution (the "Schedule"), which is fully incorporated herein by this reference. The Fiduciaries and the Beneficiaries are hereinafter referred to collectively as the "Parties." 10. The Fiduciaries now desire to distribute the amounts shown on the Schedule to the Beneficiaries in full and complete satisfaction of the Beneficiaries' respective rights and interests in both the Trust and the Estate. The Beneficiaries now desire to accept the amounts listed on the Schedule, upon the terms and conditions hereinafter set forth, and are willing to execute this Agreement in order to release and discharge the Fiduciaries. 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 each acknowledge their prior receipt of a copy of the Account, as well as their receipt of a copy of the Order. C. The Beneficiaries each remise, release, quitclaim and discharge, absolutely and forever, the Fiduciaries and their attorneys, agents, heirs,personal representatives, successors and assigns, of and from any and all actions, payments, accounts, reckonings, liabilities, claims and demands relating in any way to the Fiduciaries' administration of the Estate and/or the Trust D. The Beneficiaries each acknowledge receipt of their respective final cash distributions from the Estate/Trust, as more particularly set forth on the Schedule, in full and final satisfaction of any and all of their rights and interests in the Estate and/or the Trust for all purposes. E. The Parties all consent to the Court exercising personal jurisdiction over each of them in any suit or action arising out of the enforcement of this Agreement. F. The Beneficiaries each 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 the Beneficiaries 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. G. This Agreement may be filed of record with the Court and/or with the Register. H. This Agreement is binding upon the Parties and upon their respective heirs, successors and assigns; and this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. I. 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. J. 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 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. 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 CONSENT TO RECEIPT AND RELEASE AGREEMENT FOR FINAL DISTRIBUTIONS FROM ESTATE AND TRUST THE UNDERSIGNED, GEORGE A. SEAMANDS, as former Co-Executor of the Estate of Mildred L. Feeney, deceased, and also as former Successor Trustee of the Thomas J. and Mildred L. Feeney Revocable Trust Agreement, originally dated September 12, 1997, as amended and restated on March 20, 1998, and as subsequently amended on September 12, 2000, and on September 14, 2001, hereby consents to the Receipt And Release Agreement For Final Di'-stfibutions From Estate And Trust, dated October 22, 2014. (the "Agreement"), including the Schedule of pistribution attached thereto, for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement, including the Schedule of Distribution attached rihei'eto�,` EOR A. SEAMANDS; former Co- Executor of the Estate of Mildred L. Feeney, deceased, and as former Successor Trustee of the Thomas J. and Mildred L. Feeney Revocable Trust COMMONWEALTH OF VIRGINIA SS. CITY/COUNTY OF ARLINGTON On this, the �S"4:day of �z� , 2014, before me, the undersigned officer, personally appeared GEORGE A. SEAMANDS, 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 as his free and voluntary act, in the fiduciary capacities and for the purposes expressed therein. �.•` iLf SS.WHEREOF, I hereunder set my hand d ficial seal. e) :•wO REG t elm o: 761 1761Public z' com,m1SS10"i :.�' 3; EXPIRES tH..o1 ��•� . 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 CONSENT TO RECEIPT AND RELEASE AGREEMENT FOR FINAL DISTRIBUTIONS FROM ESTATE AND TRUST THE UNDERSIGNED, ROBERT R. CHURCH, ESQ., as Sole Executor of the Estate of Mildred L. Feeney, deceased, and also as Successor Trustee of the Thomas J. and Mildred L. Feeney Revocable Trust Agreement, originally dated September 12, 1997, as amended and restated on March 20, 1998, and as subsequently amended on September 12, 2000, and on September 14, 2001, hereby consents to the Receipt And Release Agreement For Final Distributions From Estate And Trust, dated October 22, 2014 (the "Agreement"), including the Schedule of Distribution attached thereto, for the purposes expressed therein. The undersigned further acknowledges receipt of a copy of the Agreement, including the Schedule of Distribution attached thereto. ROBERT R. CHURCH, ESQ., Sole Executor of the Estate of Mildred L. Feeney, deceased, and as Successor Trustee of the Thomas J. and Mildred L. Feeney Revocable Trust COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN On this, the Say of , , 2014, before me, the undersigned officer, personally appeared ROBERT R. CHURCH, ESQ., 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 as his free and voluntary act, in the fiduciary capacity and for the purposes, expressed therein. IN WITNESS WHEREOF, I hereunder set in h nd and offic' tA Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Krisd P.Foster,Notary Public City of Harrisburg,Dauphin County MY Commission Expir Sept 8,2016 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES 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 CONSENT TO RECEIPT AND RELEASE AGREEMENT FOR FINAL DISTRIBUTIONS FROM ESTATE AND TRUST The MILITARY OFFICERS' ASSOCIATION OF AMERICA SCHOLARSHIP FUND, of Alexandria, Virginia, by its duly authorized officer, -::ascP 0 G. l-YJUc 14 (Name of Officer), (Title/Position of Officer), 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 And Release Agreement For Final Distributions From Estate And Trust, dated October 22, 2014 (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. ATTEST: MILITARY;OFFICERS'ASSOCIATION OF AMERICA SCHOLARSHIP FUND By: i Nare: . y s P f{ U N Title: ( Nk AI SGL STATE OF G! : SS. �C OF ON THIS, the 9,teZ day of 2014, before me, the undersigned officer,personally appeared known tome (or satisfactorily proven)to be a duly authorized CoQ�oP.4TE D.�FiG�2 of the Military Officers' Association of America Scholarship Fund, whose name is subscribed to the within instrument, and acknowledged that,s/he,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 seal. \\�N\%%111111111l!!!�// N K/p� Q' GOMMONlyFq` y�,iii Notary ublic REGISTRATI may. _ 315488 MM 88"MO. : ;MyC 04 EXPIRES:' /30/2018 oO ��ii�l�RVI PUg``\�� 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 CONSENT TO RECEIPT AND RELEASE AGREEMENT FOR FINAL DISTRIBUTIONS FROM ESTATE AND TRUST The HOSPICE FUND OF THE VETERANS ADMINISTRATION MEDICAL CENTER, of Lebanon, Pennsylvania, by its duly authorized officer, Sco ii' (4, hYlKAlwy (Name of Officer), Ck,W yol,ftnA4 (Title/Position of Officer), 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 And Release Agreement For Final Distributions From Estate And Trust, dated October 22, 2014 (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. ATTEST: HOSPICE FUND OF THE VETERANS ADMINISTRATION MEDICAL CENTER By: Jel-4�4,7A4144d Name: G Title: STATE OF r , SS. COUNTY OFI�J� j� ON THIS, theAl day of � j IK , 2014, before me, the undersigned officer, personally appeared HAZXn jJ , kn wn to me (or satisfactorily proven)to be a duly authorized _6� X.) VR �& 16-,.t7 fthe Hospice Fund of the Veterans Administration Medical Center, whose name is subscribed to the within instrument, and acknowledged that s/he, 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 seal. COMMONWEALTH of.PENNSYLVANIA Notarial'Seal Stacle L. Price, Notary Public South'Lebanon Twp., Lebanon County My,C�oinmission Expires Feb. 17, 2018 Public -M NBEA,bENNSYLVANIA ASSOCIATION OF NOTA1t1E5 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 AND RELEASE AGREEMENT FOR FINAL DISTRIBUTIONS FROM ESTATE AND TRUST SCHEDULE OF FINAL DISTRIBUTION Distributee Address Residuary Legacy Military Officers' Association 201 N. Washington Street of America Scholarship Fund Alexandria, VA 22314 (50% of Residue) $ 94,902.00 Hospice Fund of the Veterans 1700 South Lincoln Avenue Administration Medical Center Lebanon, PA 17042 (50% of Residue) $ 94,902.00 Total—Residuary Legacies $189,804.00