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Home My WebLink About09-08-15 (9) . � � � C�� IN RE: MATILDA M. LUTHER : COURT OF COMMON PLEAS LIVING TRUST : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION RELEASE, REFUNDING, & INDEMNIFICATION AGREEMENT WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed the MATILDA M. LUTHER LIVING TRUST, dated October 2, 1996; WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed a First Amendment to the MATILDA M. LUTHER LIV iNG TRUST, dated November 25, 1997; WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed a Second Amendment and Restatement to the MATILDA M. LUTHER LIVING TRUST, dated December 6, 1999; WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed a Third Amendment to the MATILDA M. LUTHER LIVING TRUST, dated March 31, 2000; WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed a Fourth Amendment to the MATILDA M. LUTHER LIVING TRUST, dated December 18, 2001; WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed a Fifth Amendment and Second Restatement to the MATILD�,A M. ,� ;-,, � f`r7 � ('„ � ifJ '�'� C� LUTHER LIVING TRUST, dated July 15, 2002; C=-� � `--C �; �' �-,, _ . �-� � ca '-- ,_. , ,-•� -, .F , ., _.., . i CA `--., _.., - _.� r , , _ -r�7 � , . __. ._ C7 fV {,._ :�5"1 . ,, k---' �� rt a� �� WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed a Sixth Amendment to the MATILDA M. LUTHER LIVING TRUST, dated August 30, 2004; WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her lifetime executed a Seventh Amendment and Third Restatement to the MATILDA M. LUTHER LIVING TRUST, dated July 26, 2005; WHEREAS, MATILDA M. LUTHER a/k/a MATILDA MINNICH LUTHER, during her liietime executed an Eighth Amendment to the MATILDA M. LUTHER LIVING TRUST, dated December 27, 2005; WHEREAS, Article Seven, Section 7.01 of the Seventh Amendment and Third Restatement to the MATILDA M. LUTHER LIVING TRUST, provides as follows: Article Seven Distribution of My Trust Property All of the remaining trust property shall be administered as provided in this Article. Section 7.01 Distribution of Remaining Trust Property The remaining trust property not previously distributed under this agreement shall be divided into the following shares, for each of the following beneficiaries: Name Share Ann Minnich, William Minnich, Jacob Minnich, and Martin Minnich 1/3 Beatrice Minnich, Lois Ann Norris alk,ia Lois M. Norris, and Jack:�Torris l;3 Gerald Minnich, Susan Minnich Enck, and John Minnich 1/3 WHEREAS, Article Seven, Section 7.02 of the Seventh Amendment and Third Restatement to the MATILDA M. LUTHER LIVING TRUST, provides as follows: Article Seven Distribution of My Trust Property Section 7.02 Distribution of the Share for Ann Minnich, William Minnich, Jacob Minnich and Martin Minnich The share set aside for Ann Minnich, William Minnich, Jacob Minnich and Martin Minnich shall be further divided into equal shares and distributed to Ann Minnich, William Minnich, Jacob Minnich and Martin Minnich, free of trust. If Ann Minnich, William Minnich, Jacob Minnich or Martin Minnich fail to survive me, his or her share shall be distributed to his or her then living descendants, per stirpes. If Ann Minnich, William Minnich, Jacob Minnich ar Martin Minnich have no then living descendants, the Trustee shall distribute the deceased beneficiary's share pro rata to the other beneficiaries named in this Section 7.02. WHEREAS, Article Seven, Section 7.03 of the Seventh Amendment and Third Restatement to the MATILDA M. LUTHER LIVING TRUST, provides as follows: Article Seven Distribution of My Trust Property Section 7.03 Distribution of the Share for Beatrice Minnich, Lois Ann Norris a/k/a Lois M. Norris and Jack Norris The share set aside for Beatrice Minnich, Lois Ann Norris a/k/a Lois M. Norris and Jack Norris shall be further divided into equal shares and distributed to Beatrice Minnich, Lois Ann Norris a/k/a Lois M. Norris and Jack Norris, free of trust. If Beatrice Minnich, Lois Ann Norris a/k/a Lois M. Norris or Jack Norris fail to survive me, his or her share shall be distributed to his or her then living descendants, per stirpes. If Beatrice Minnich, Lois Ann Norris a/k/a Lois M. Norris or Jack Norris have no then living descendants, the Trustee shall distribute the deceased beneficiary's share pro rata to the other beneficiaries named in this Section 7.03. WHEREAS, Article Seven, Section 7.04 of the Seventh Amendment and Third Restatement to the MATILDA M. LUTHER LIVING TRUST, provides as follows: Article Seven Distribution of My Trust Property Section 7.04 Distribution of the Share for Gerald Minnich, Susan Minnich Enck,John Minnich The share set aside for Gerald Minnich, Susan Minnich Enck, John Minnich shall be further divided into equal shares and distributed to Gerald Minnich, Susan Minnich Enck, John Minnich, free of trust. If Gerald Minnich fails to survive me, his share shall be distributed, in equal shares, to his surviving spouse and Jennifer Minnich. If Susan Minnich Enck fails to survive me, her share is to be distributed, in equal shares, to Gerald Minnich and John Minnich. If John Minnich fails to survive me, his share shall be distributed, in equal shares, to Gerald Minnich and Susan Minnich Enck. WHEREAS,JOHN MINNICH died on June 29, 2008; therefore, his share shall be divided in equal shares between GERALD MINNICH and SUSAN MINNICH ENCK. WHEREAS, MATILDA M. LUTHER died on November 14, 2011, and PATRICK E. BELL and LOIS ANN NORRIS became the Successor Trustees of the MATILDA M. LUTHER LIVING TRUST. NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS, that GERALD MINNICH, of 317 East Meadow Drive, Mechanicsburg, Pennsylvania, does hereby acknowledge that he will be receiving from PATRICK E. BELL and LOIS ANN NORRIS, Successor Trustees of the MATILDA M. LUTHER LIVING TRUST, the following: • SIX HUNDRED THOUSAND DOLLARS AND NO CENTS ($600,000.00), consisting of cash and securities as valued on September 7, 2012 and referenced below: Stocks - 375 shares of American Water Works, valued at $13,980.00 - 900 shares of AT&T, valued at $33,570.00 - 158 shares of BP PLC, valued at $6,624.94 - 300 shares of Coca-Cola, valued at $11,370.00 - 350 shares of DuPont, valued at $17,696.00 - 180 shares of Duke Energy, valued at $11,649.60 - 366 shares of Empire District Electric, valued at $7,832.40 - 166 shares of Exelon, valued at $6,000.90 - 1,666 shares of General Electric, valued at $35,968.94 - 166 shares of Great Plains Energy, valued at $3,615.48 - 400 shares of Intel Corp., valued at $9,676.00 - 150 shares of Johnson& Johnson, valued at $10,182.00 - 233 shares of Kimberly Clark, valued at $19,322.69 - 241 shares of Eli Lilly & Co., valued at $11,242.65 - 416 shares of Microsoft Corp., valued at$12,875.20 - 233 shares of Pepsico, Inc., valued at $16,799.30 - 266 shares of PPL Corp., valued at $7,777.84 - 308 shares of Proctor & Gamble, valued at $21,104.16 - 550 shares of Unitil Corp., valued at $14,685.00 - 310 shares of Verizon, valued at $13,553.20 Stock total= $285,526.30 Municinal Bonds - 301ots of Allegheny Cnty PA Hosp Dev Rev Univ Pittsburgh Med Ctr municipal bond, Interest rate 5.625%, Maturity date 8/15/2039, valued at $32,956.47 - 30 lots of PA St Tpk Comm Tpk Subord Revenue Ser A municipal bond, Interest rate 6.00%, Maturity date 12/O1/41, valued at $33,706.85 Municipal Bond total= $66,663.32 Mutual Funds - 1,098.360 shares of Capital Income Builder Fund Class A, valued at $58,399.80 - 8,583.337 shares of Income Fund of America Fund Class A, valued at $155,015.07 Mutual Fund total= $213,414.87 Cash - $34,395.51 in PARTIAL satisfaction of GERALD MINNICH'S share under the MATILDA M. LUTHER LIVING TRUST and in consideration of the above distribution to him in hand paid and intending to be legally bound hereby, he does hereby, for himself and his successors and assigns, remise, release, quitclaim, and farever discharge the said Successor Trustees and the MATILDA M. LUTHER LIVING TRUST, of all rights, suits, claims, accountings, actions, and demands whatsoever, now or hereafter to it accrued or accruing by virtue of this distribution. In further consideration thereof, I, GERALD MINNICH, of 317 East Meadow Drive, Mechanicsburg, Pennsylvania, do hereby covenant and agree that upon demand by the aforesaid Successor Trustees, I will pay and refund unto the aforenamed Successor Trustees all or any portion of the above-referenced distribution as the Successor Trustees may require in the event that any additional charges, expenses, taxes, or any other lawful claims or demands shall hereafter be made against the Trust to the extent of said distribution; and to indemnify and save harmless PATRICK E. BELL and LOIS ANN NORRIS, Successor Trustees, and their successors and assigns, and the Law Offices of Susan E. Lederer, of and from any and all liabilities, claims, actions, losses, damages, costs, and expenses, not presently known to them, for which they may be liable or answer fo�•in respect to the aforesaid contingencies. I, GERALD MINNICH, do hereby further agree that all of the provisions of this instrument shall be binding upon my successors and assigns. IN WITNESS WHEREOF, and intending to be legally bound, GERALD MINNICH, of 317 East Meadow Drive, Mechanicsburg, Pennsylvania, has caused this Release to be signed this �dayof ?�� r' , , 2012. � � � ��___},��i, � "�'L" � Z Witness GERALD MINNICH COMMONWEALTH OF PENNSYLVANIA : : ss COUNTY OF �l,l.l`Y�I�( �Q/�c� : On this, the �`�'Q'� day of 5�+�.m�'2-� , 2012, before me, a Notary Public, the undersigned officer, personally appeared GERALD MINNICH, 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 far the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 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