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FAMILY AGREEMENT ~"
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This Agreement entered into this Z ay of November, 2010, by and `be~~~v+~an J.-~, -
Louise McGuire and Nancy E. Faust in their capacity as Co-Executrices unde;~ =~~e ~will~`
dated August 21, 2006, of June L. Hammond, Deceased, and J. Louise McGuire; Nancy ~~ ~ ; : ~; ~~ - ,{.
E. Faust, Thomas G. Hammond, Jr. and Kenneth R. Hammond, Sr., residuary legatees of cx~ ~ '
the estate. For purposes of this agreement, when J. Louise McGuire and Nancy E. Faust
are referred to in their fiduciary capacity, the term "Co-Executrix" will be used a.nd, when
they are referred to in their individual capacities, she will be referred to by their
respective first and last names.
BACKGROUND
1. June L. Hammond ("Decedent") died on April 10, 2008, a resident o~f 16 East
Main Street, Newburg, Cumberland County, PA, leaving a will dated August 21, 2006.
2. Decedent's will was admitted to probate by the Register of Wills of
Cumberland County on April 14, 2008, and letters testamentary were issued to J. Louise
McGuire and Nancy E. Faust as Co-Executrices.
3. Decedent was a widow at the time of her passing.
4. In her will, Decedent bequeathed the home in which she resided together with
all the household goods and furnishings therein to her son Thomas G. Hammond, Jr., she
also bequeathed a lot of ground of not more than two (2) acres to be subdivided from the
farm she owned to her son, Kenneth L. Hammond, Sr. Decedent named her four children
J. Louise McGuire, Nancy E. Faust, Thomas G. Hammond, Jr. and Kenneth R.
Hammond, Sr., as equal residuary legatees. Decedent also owned an automobile which
had been transferred to her son, Thomas G. Hammond, Jr. immediately prior to her
passing and the vehicle's value was brought into the estate for tax purposes and is
reflected herein as a transfer to her son Thomas.
5. The Executrix advertised the grant of letters Testamentary, prepared and filed
an Inventory and Appraisement of Decedent's property and prepared and filed a
Pennsylvania Inheritance Tax Return and federal and state income tax returns and paid
the appropriate taxes thereon. (Copies of advertisements and tax clearance attach-ed).
6. The Executrix has paid all the general legatees and all the taxes, debts and
expenses of the estate known to her, and she has no knowledge of any unpaid claims,
absolute or contingent, which may be asserted against the estate nor do they have any
reason to believe there are any such claims.
8. The Executrix has distributed the net assets of the estate to J. Louise ;McGuire,
Nancy E. Faust, Thomas G. Hammond, Jr. and Kenneth R. Hammond, Sr., the residuary
legatees named in the will.
9. A statement reflecting all estate receipts, disbursements and distributions are
annexed here to as Exhibit A.
10. The Executrices, J. Louise McGuire, Nancy E. Faust, Thomas G. Hammond,
Jr. and Kenneth R. Hammond, Sr., all desire that this Family Agreement make
unnecessary the filing an accounting in the Orphans' Court Division of the Court of
Common Pleas of Cumberland County.
NOW THEREFORE, intending to be legally bound, the parties do hereby:
1. Waive the filing of an account of the administration of the estate in any court;
2. Declare that the undersigned has examined the attached informal account (and
statement/schedule of distribution) of the Executrices; finds it to be true and correct in all
particulars; accept and approve it with the same force and effect as if it had been :prepared
and filed with, audited, adjudicated and confirmed absolutely by a court of competent
jurisdiction; and as if the balance of principal and income had been awarded by the Court
in accordance with the statementlschedule of distribution;
3. Warrant that the beneficiaries named in the informal account and
statement/schedule of distribution are the sole remaining parties in interest in t11e estate
and entitled to receive the entire distribution thereof in accordance with the informal
account and Statement/Schedule of Distribution;
4. Warrant that the undersigned know of no outstanding and unsatisfied claims
against the estate;
5. Approve the distribution of the balance of principal and income shown in the
informal account and statement/schedule of distribution to the persons set forth therein;
6. Absolutely and irrevocably release and discharge the Executrices, a.nd their
heirs, personal representatives, successors and assigns of and from any and all actions,
liabilities, claims and demands relating in any way to his administration of the estate and
distribution in accordance with the informal account and statement/schedule of
distribution and without a court accounting and adjudication;
7. Agree to refund to the Executrices any amount of the undersigned's
distribution which exceeds the amount to which the undersigned are entitled as the
Executrices shall determine;
8. Agree to indemnify and hold harmless, the Executrices, and the=ir heirs,
personal representatives, successors and assigns, from and against any claims, liabilities,
loss or expense (including costs and counsel fees) arising from any cause whatsoever,
which the Executrices may incur as a result of the administration of the estate and its
distribution in accordance with this agreement including, but not limited to, any liability
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for any federal estate taxes, Pennsylvania Inheritance tax or any other death taxes, and
any federal or Pennsylvania income taxes, and Pennsylvania personal property taxes,
together with any interest and costs incidental thereto, relating in any way to the estate
and also including, but not limited to, any assets received or payments or distributions
made by reason of any negligence or mistake of law or fact.
IN WITNESS WHEREOF the parties set their respective hands and seals the first day
written above.
Witness
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J. ouise McGuire (Be ficiary}
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Nancy E. dust, (B neficiary)
homas G. Hammond, Jr. (Benefic~-y)
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Kenneth R. Hammond, Sr. (Beneficiary)
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J. ouise McGuire (Co-Exe trix)
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Nat'icy E. F~ust~o-Fl~cecutrix)
INFORMAL ACCOUNTING
ESTATE OF JUNE L. HAMMOND
RECEIPTS OF PRINCIPAL
Fiduciary
Cash: Acquisition Value
Cash or Certificates of Deposit:
Orrstown County Bank 71,600.96
Patriot F.C.U. 37,279.05
108,880.01
Real Estate
16 East Main Street, Newburg, PA (Residential) 124,550.00
Covered Bridge Road, Newburg, PA (farm) 563,713.50
Personal Property
Household goods and furnishings 2,525.00
Automobile 1989 Oldsmobile 70.00
Farm Tractor and mower 2,000.00
5,275.00
U.S. Savings Bonds
65,664.70
Total Inventory S 868,1)82.21
Receipts Subsequent to Inventory
04/ 15/09 Ewing Bros. refund 108.46
05/14/08 Thomas Hammond (oil refund) 431.28
06/30/08 IRS Refund 600.00
06/30!08 Erie Ins. refund 352.00
08/27,108 Farm Rent Tim Madeiros 3,000.00
09/09/08 Met Life (proceeds) 8,538.02
12/23/08 Adams Electric (dividend) 13.26
01/29/09 Proration of taxes (farm sale) 880.19
12/30/09 Adams Electric (dividend) 19.46
09/ 15/ 10 Dept. of Rev. Refund 6,3 83.40
Total Subsequent Receipts ~ 20,326.07
TOTAL RECEIPTS OF PRINCIPAL S 888,408.28
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DISBURSEMENTS OF PRINCIPAL
Debts of Decedent and Misc. Expenses
04/15/08 MCI 25.53
04/ 1 S/08 Adams Electric 87.02
04/15/08 Ewing Brothers Funeral Home 1,842.00
0411 S/08 Joseph Buckley reimbursement
for payment of sewer bill 128.00
04/21/08 Orrstown Bank (pay ck #5200 to
Embarc on closed acct) 53.35
04129/0$ Nancy E. Faust (expenses) 980.40
05/06/08 Penelec 38.74
05/06/08 Timmons Oil Inc. 537.89
05/06/08 Kuhn Communications, Inc. 49.76
05/06/08 MCI Residential Service 21.35
05/06/0$ J. Louise McGuire (expenses) 1,269.56
05/07/08 Kenneth Hammond (mowing) 1,000.00
05/14/08 CC Recorder of Deeds 38.50
05/14/08 Richard Hockenberry, Tax Collector
(cty,'twp tax 2008) 353.75
05/14!08 Adams Electric 39.99
05/14!08 Embarq 48.61
05/29/08 Richard Hockenberry, Tax Collector
(2008 personal tax) 5.00
06/10/08 Adams Electric 35.51
06/12/08 CC Reg of Wills (estimated inherit. tax) 39,375.00
07/08/08 Adams Electric 38.48
07/08/08 Diversified Appraisal Services 700.00
0$/07/08 Joseph D. Buckley (courthouse copies) 15.00
08/07/08 Adams Electric 38.09
08/26/08 J. Louise McGuire (executrice expenses) 1,422.39
08/27/08 Carl Bert & Associates 2,000.00
08/27/08 Harry E. Killian, Tax Collector
(property tax farm} 1,440.99
09/02/08 Nancy E. Faust (executrice expenses) 579.30
09/02/0$ FedEx (mailing costs) 61.06
09/09/08 Adams Electric 37.71
09/26/08 Carl Bert & Associates 2,025.80
10/07/08 Adams Electric 37.80
10/07/08 Hopewell Township (subdivision fees) 125.00
10/07/08 Cumberland Co. Plan. Com. (subdivision fees) 110.00
11 /06/08 Adams Electric 3 5.73
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11/20/08 Carl Bert & Associates 2
030
00
12/02/08 Carl Bert & Associates ,
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81.23
12109/08 Adams Electric 34.83
12/11/08 Harry E. Killian, Tax Collector
(2008 cty tax farm) 3 3 8.3 8
12/22/08 J. Louise McGuire (executrices expenses) 604.40
01/06/09 Adams Electric 33.84
01 /06/09 FedEx 17.65
O1I06/09 Nancy E. Faust (executrices expenses) 713.12
01/22/09 S.W. Barrett Appraisal Services 750.00
01/26/09 CC Recorder of Deeds 55.00
01/29/09 CC recorder of Deeds 38.50
O 1 /29/09 Tractor and mower to Kenneth Hammond
for services in mowing. 2,000.00
01/29/09 Transfer taxes (farm) 5,484.38
01/29/09 Co/Twp Taxes 2009 (farm} 307.61
01/30/09 Boore's Towing 205.00
02/16/09 Carl Bert & Associates (final payment) 2,915.50
03/11/09 Adams Electric 56.48
04/13/09 J. Louise McGuire (executrices expenses) 77.39
05/18/10 Register of Wills (Additional Probate) 50.00
11/Ol,/10 Nancy Faust (travel exp.) 750.00
Total Debts and Estate Expenses 71,141.92
Probate Expenses
04/15/08 Joseph Buckley Reimbursement
Register of Wills filing 610.00
04/15/08 Cumb. Co. Law J. (adv. letters) 75.00
02/12/08 The Sentinel (advt. letters) 182.56
02/09/09 Register of Wills (filing fee inheritance tax) 15.00
06/16/09 Register of Wills (additional probate fee) 50.00
05/18/10 Misc. Probate Expense 50.00
Total 982.56
Fees & Commissions
04/15/08 Joseph D. Buckley (partial fee) 10,000.00
07/22/08 Joseph D. Buckley (partial fee) 10,000.00
08/19/08 Joseph D. Buckley (partial fee) 3,000.00
10/07/08 J. Louise McGuire (partial fee) 6,500.00
10/07!08 Nancy E. Faust (partial fee) 6,500.00
02/09/09 Joseph D. Buckley (partial fee) 10,000.00
05/05/09 J. Louise 1~1cGuire (partial fee) 8,000.00
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05/05/09 Nancy E. Faust (partial fee) 8,000.00
11!29/09 Joseph D. Buckley (partial fee) 2,000.00
04114/10 Joseph D. Buckley (partial fee) 5 ,000.00
11/Ol/10 Joseph D. Buckley (final fee) 5,000.00
11101 / 10 J. Louise McGuire (partial fee) 2,750.00
11/01/10 Nancy E. Faust (partial fee) 2,750.00
Total Fees and Commissions & Probate Expenses 80,482.56
Total debts, expenses and fees $151,623.48
Distributions to Beneficiary
5/14/08 Transfer of Real Estate to Thomas G.
Hammond Residence) 124,550.00
5/14/08 Transfer personal property to Thomas G
Hammond, Jr. (Household and auto.) 3,275.00
07/09/08 J. Louise McGuire (partial distribution) 5,000.00
07/09/08 Nancy E. Faust {partial distribution) 5,000.00
07/09/08 Thomas G. Hammond (partial distribution) 5,000.00
07109108 Kenneth Hammond (partial distribution) 5,000.00
10/07108 J. Louise McGuire (partial executor's fee) 1,000.00
10/07/08 Nancy E. Faust (partial executor's fee) 1,000.00
10107/08 Thomas G. Hammond (partial distribution) 1,000.00
10/07/08 Kenneth Hammond (partial distribution) 1,000.00
O 1 /29/09 Transfer of 2.0 acres of land from farm to
Kenneth L. Hammond Sr. 6,500.00
01/29/09 Transfer of additiona12.7 acres from farm to
Kenneth L. Hammond, Sr. 8,775.00
02/11/09 J. Louise McGuire (partial distribution} 125,000.00
02/11/09 Nancy E. Faust (partial distribution) 125,000.00
02/ 11 /09 Thomas G. Hammond (partial distribution) 125,000.00
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02/11/09 Kenneth Hammond (partial distribution)
05/26/09 J. Louise McGuire (partial distribution)
05/26/09 Nancy E. Faust (partial distribution)
05/26/09 Thomas G. Hammond (partial distribution)
05126/09 Kenneth Hammond (partial distribution)
11/18/09 J. Louise McGuire (partial distribution)
11/18/09 Nancy E. Faust (partial distribution)
11/18/09 Thomas G. Hammond (partial distribution}
11 / 18109 Kenneth Hammond (partial distribution)
Total Distributions
125,000.00
10,000.00
10,000.00
10,000.00
10,000.00
2,500.00
2,500.00
2,500.00
2,500.00
~ 717,100.00
TOTAL DISBURSEMENTS ~ 868,723.48
TOTAL RECEIPTS OF PRINCIPAL 888,408.28
Less TOTAL DISBURSEMENTS 868,723.48
PRINCIPAL BALANCE ON HAND _19,684.80
FINAL DISTRIBUTION UPON EXECUTION OF FAMILY AGREEMENT
J. Louise McGuire (final distribution) 4,921.20
Nancy E. Faust (final distribution) 4,921.20
Thomas G. Hammond (final distribution) 4,921.20
Kenneth Hammond (final distribution) 4,921.20
TOTAL 19,684.80
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BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX
INHERITANCE TAX DIVISION STATEMENT O F A C C O U N T
PO BOX 280601
HARRISBURG PA 17128-0601
JOSEPH D BUCKLEY ESQ
1237 HOLLY PIKE
CARLISLE PA 17013-4435
Pennsylvania ` ~ ~
DEPARTMENT OF REVENUE
REY-1607 EX AFP ~:12-D9)
DATE 08-02-2010
ESTATE OF HAMMOND JUNE L
DATE OF DEATH 04-10-2008
FILE NUMBER 21 08-0420
COUNTY CUMBERLAND
ACN 101
Amount Remitted
MAKE CHECK PAYABLE AND REMIT PAYMENT TD:
REGISTER OF WILLS
1 COURTHOUSE SQUARE
CARLISLE PA 17013
NOTE: To ensure proper credit to your account, submit the upper portion of this form with your tax payment.
CUT ALONG THIS LINE ~- RETAIN LOWER PORTION FOR YOUR RECORDS __~ _
REV 1607 SEX AFP (12 09~~~~~~~ **~ INHERITANCE TAX STATEMENT OF ACCOUNT *~*~~~~~~~~~~~~~~~~~~~
ESTATE OF:HAMMOND JUNE L FILE NO.: 21 08-0420 ACN: 101 DATE: 08-02-2010
THIS STATEMENT PROVIDES CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. BELOW IS A SUMMARY OF THE PRINCIPAL
TAX DUE, APPLICATION OF ALL PAYMENTS, THE CURRENT BALANCE, AND, IF APPLICABLE, A PROJECTED INTEREST FIGURE.
DATE OF LAST ASSESSMENT OR RECORD ADJUSTMENT: 07-12-2010
PRINCIPAL TAX DUE:
34,728.00
PAYMENTS CTAX CREDITS:
PAYMENT RECEIPT DISCOUNT C+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID t-)
06-12-2008 CD009880 1,736.40 39,375.00
07-15-2010 REFUND .00 6,383.40-
TOTAL TAX PAYMENT 34,728.00
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE I .00
* IF PAID AFTER THIS BATE, SEE REVERSE SIDE FOR CALCULATION OF ADDITIONAL INTEREST.
IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF i~HI5 FORM
FOR INSTRUCTIONS.
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of thE; County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Jourl~al, a legal periodical published in the Borough ~f Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
vlz:
April 25, MaY2, and May 9, 2008
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Hammond, June L., decd.
Late of Hopewell Township.
Executrices: J. Louise McGuire
and Nancy E. Faust c jo The Law
Offices of Joseph D. Buckley,
1237 Holly Pike, Carlisle, PA
17013.
Attorney: Joseph D. Buckley,
Esquire, 1237 Holly Pike, Carlisle,
PA 17013, (717) 249-2448.
,----~
isa Marie Co e, Editor
SWORN TO AND SUBSCRIBED before me this
9 day of May, 200.8
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Notary
i~JrJTARJAt SEAL
D~EGR.Aa-i A COLLINS
Natctry Public
CARLISLE BORrJ, CUi41BERLAND COUNTY
My Commission Expires Apr 28, 201 E-
PROOF OF PUBLICATION
State of Pennsylvania, County of Cumberland
Erica Peterson, Classified Manages of The Sentinel, of the County and State aforesaid,
being duly sworn, deposes and says that THE SENTINEL, a newspaper of general
circulation in the Borough of Carlisle, County and State aforesaid, was established
December 13th, 1881, since which date THE SENTINEL has been regularly issued. in
said County, and that the printed notice or publication attached hereto is exactly the
same as was printed and published in the regular editions and issues of THE
SENTINEL on the following day(s):
Apri119, 26, May 3, 2008
COPY OF NOTICE OF PUBLICATION
EXECUTOR'S NQTICE
a Ybt ~: ;n9;~a
Letters Testamentary on tfie SEstate of JUN E' L.. i
HAMMOND, late of Hopewell Township, Cumberland
County, PA, deceased, have been granted to the
undersigned.
All persons knowing themselves to be indebted to said
Estate wilt make payment immediately and those
having claims will present them for settlement to:
J. Louise McGuire
Nancy E. Faust
cio The Law Offices of Joseph D. Buckley
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
Or to:
Joseph D. Buckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Affiant further deposes that hej she is not
interested in the subject matter of the
aforesaid notice or advertisement, and that
all allegations in the foregoing statement
as to time, place and character of
publication are true.
/ .
,c._.._
Sworn to and subscribed before me this
5th da_y of Ma,~ 2008.
F
Notary Pu ' c
M commission ex fires: ~~~1 ~ a
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Christina L. Wdfe, Notary Public
Catiiste Boro, Cumberiamd County
My Commission Expires Sept. 1,2008
Member. Pennsylvania Association Of Notaries