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Home My WebLink About12-21-10-~, ,~.- FAMILY AGREEMEl~~~ J E~r~~~~ ~ ~ ~a~ l~ .. ~_ _ ;r This Agreement entered into this 21 S` day of De ~ ~ ~ and betv~~een ~~_ Wendy F. Graham in her capacity as Executrice under t1~~{7~~P! ~~.. ,p~{~`' ~ 1, 200 7, of Helen D. Graham, Deceased, and Wendy F. Graham and Susan G. 1V~cLeod, residuary legatees of the estate. For purposes of this agreement, when Wendy F. Graham is referred to in her fiduciary capacity, the term "Executrice" or "Executrix" will be used and, when she is referred to in her individual capacities, she will be referred to by her respective first and last name. BACKGROUND 1. Helen D. Graham ("Decedent") died on May 21, 2008, a resident of 69 Ma~;aw Avenue, South Middleton Township, Cumberland County, PA, leaving a will dated August 1, 2007. 2. Decedent's will was admitted to probate by the Register of Wills of Cumberland County on June 12, 2008, and letters testamentary were issued to Wendy F. Graham as Executrix. 3. Decedent was a widow at the time of her passing. 4. In her will, Decedent made several specific bequest to her son, Alan, her son- in-law, her grandchildren, a friend and Saint Paul's Luthern Church. All bequests were fulfilled and made by the Executrice. The Decedent also disposed of her persc-nal property by directing that it be sold at public sale by Cordier Antiques and Fine Arts. Said Cordier Antiques and Fine Arts accepted most of the property for auction; however, did not desire to sell Decedent's older automobile and a ring which were sold at private sale by the Executrice. All other items were sold at public auction and the proceeds therefrom transferred to the Executrice and the Estate account. 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 attached). 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. 7. The Executrix has distributed the net assets of the estate to, Wendy F. Graham and Susan G. McLeod, the residuary legatees named in the will. 8. A statement reflecting all estate receipts, disbursements and distributions are ~~a annexed here to as Exhibit A. 9. The Executrice, Wendy F. Graham and Susan G. McLeod, 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 statement/schedule 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 the 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 Executrice, and 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 Executrice 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 Executrice, and her 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 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, 2 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. ,' ~~ ~1 ~ ~'` Witness Witness Witness Susan G. McLeod (Beneficiary) x /s ,} Y• d v / ~~ Wendy F. a am (beneficiary) r Wendy F. Gram (~ecutrice) 3 INFORMAL ACCOUNTING ESTATE OF HELEN D. GRAHAM RECEIPTS OF PRINCIPAL Cash: Cash or Certificates of Deposit: F & M Trust Real Estate NONE Personal Property Household goods and furnishings Automobile 1989 Toyota Ring Total Stocks & Mutual Funds Ameritrade 11,733.70 795.00 300.00 Total Inventory Receipts Subsequent to Inventory 07/22/08 Blair refund 20.98 07!22/08 LinGas (Div) 52.78 07/21 /2009 United Collections Refund 13 5.22 Total Subsequent Receipts TOTAL RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value 8,627.49 12,828.70 97,241.79 118,697.98 ~ 208.98 ~ 118,906.96 DISBURSEMENTS OF PRINCIPAL Debts of Decedent and Misc. Expenses 07/22/08 Cordier Antiques (shipping mirror) 164.99 07/22/08 BETRA in Home (personal care) 3,318.00 07/22/08 Auer Memorial Home 1,851.03 07/22/08 Cumberland Crossings (Service) 661.50 07/22/08 Smart Med 8.00 07/22/08 Joseph Buckley reimbursement for expenses California swearing 967.79 07/29/08 UGI 167.55 07/30/08 Wayne Noss Flowers 67.84 08/05/08 Joseph D. Buckley (FedEx) 22.66 08/26/08 Wendy M. Graham (expenses) 921.75 11/26/08 Joseph Buckley (FedEx) 52.62 O 1 /20/09 Cumberland Crossings (final MetEd bill) 67.62 05/05/09 Wendy Graham (Ring Repair) 55.00 05/05/09 FedEx (overnight mail expenses) 62.80 11/22/10 Joseph Buckley (postage, copies) 18.14 Total Debts and Estate Expenses $ 8,407.29 Probate Expenses 07/23/08 The Sentinel -Legal Notices 174.58 07/23/08 Joseph Buckley (Petition 330.00 ,Legal Notice Law Journal 75.00) 405.00 02/16/08 Register of Will (Inheritance tax) 5,200.00 09/29/09 Register of Wills (additional tax) 305.10 09/29/09 Joseph Buckley (filing fee inheritance tax) 15.00 11/22/10 Joseph Buckley Misc. Probate Expense 50.00 Fees & Commissions 11/10/08 Joseph D. Buckley (partial fees) 5,000.00 09/03/09 Joseph D. Buckley (partial fees) 3,000.00 11/22/10 Joseph D. Buckley (Final fees) 2,250.00 11/22/10 Wendy Graham (Executrice commissions) 3,000.00 Total Fees and Commissions & Probate Expenses $19,399.68 5 Distributions to Beneficiary 11/12/08 Alan L. Graham (specific bequest) 5,000.00 12/03/08 Norma Ocker (specific bequest) 15,000.00 12/03/08 McKenzie McLeod (specific bequest) 10,000.00 12/04/08 Wendy F. Graham (specific bequest) 10,000.00 12/04/08 St. Paul's Lutheran Church (specific bequest) 10,000.00 12/09/08 Courtland McLeod (specific bequest) 10,000.00 12/22/08 Wendy F. Graham (partial distribution) 15,000.00 12/22/08 Susan McLeod (partial distribution) 15,000.00 11/22/10 Wendy F. Graham (final distribution) 550.00 11/22/10 Susan McLeod (final distribution) 550.00 Total Distributions $ 91,100.00 TOTAL DISBURSEMENTS $ 118,906.96 TOTAL RECEIPTS OF PRINCIPAL $ 118,906.96 Less TOTAL DISBURSEMENTS $ 118,906.96 PRINCIPAL BALANCE ON HAND 0.00 6 BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION PO BOX 280601 HARRISBURG PA 17128-0601 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE INHERITANCE TAX STATEMENT OF ACCOUNT JOSEPH D BUCKLEY ESQ 1237 HOLLY PIKE CARLISLE PA 17013-4435 REV-1607 EX AFP X12-08) DATE 10-19-2009 ESTATE OF GRAHAM HELEN D DATE OF DEATH 05-21-2008 FILE NUMBER 21 08-0601 COUNTY CUMBERLAND ACN 101 Amount Remitted MAKE CHECK PAYABLE AND REMIT PAYMENT T0: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 NOTE: To insure 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 EX AFP (12-08) *** INHERITANCE TAX STATEMENT OF ACCOUNT **~ ESTATE OF GRAHAM HELEN D FILE N0. 21 08-0601 ACN 101 DATE 10-19-2009 THIS STATEMENT IS PROVIDED TO ADVISE OF THE CURRENT STATUS OF THE STATED ACN IN THE NAMED ESTATE. SHOWN 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: 09-08-2009 PRINCIPAL TAX DUE: PAYMENTS (TAX CREDITS): 5,955.00 PAYMENT DATE RECEIPT NUMBER DISCOUNT (+) INTEREST/PEN PAID (-) AMOUNT PAID 02-17-2009 CD010913 .00 5,200.00 04-13-2009 CD011105 .00 462.00 09-24-2009 CD011800 11.86- 305.10 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. * IF PAID AFTER THIS DATE, SEE REVERSE I TOTAL DUE SIDE FOR CALCULATION OF ADDITIONAL INTEREST. L ( IF TOTAL DUE IS LESS THAN S1, NO PAYMENT IS REQUIRED. IF TOTAL DUE IS REFLECTED AS A "CREDIT" CCR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS. ) 5,955.24 .24CR .00 .24CR 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 Journal, a legal periodical published in the Borough of 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, viz: July 4, July 11, and July 18, 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. isa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 18 day of July, 2008 Graham, Helen D., deed. Late of South Middleton Town- Notary ship. Executrix: Wendy F. Graham c/o The Law Offices of Joseph D. Buckley, 1237 Holly Pike, Carlisle, PA 17013. ~~,,,~,,,, ~,_,~,~ Attorney: Joseph D. Buckley, No~AP;AI SERI Esquire, 1237 Holly Fike, Carlisle, DEBrJRAN A COLLINS PA 17013, (717) 249-2448. Notary Public CARLISLE BC3R0, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, 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): June 30, July 7,14, 2008 COPY OF NOTICE OF PUBLICATION EXECUTOR'S N TI Letters Testamentary on the Estate of HELEN D. GRAHAM, late of South Middleton Township, Cumberland County, PA, deceased, have been granted to the undersigned. All persons knowing themselves to be indebted to said Estate will make payment immediately and those having claims will present them for settlement to: Wendy F. Graham c% 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 he/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. /~ W ~ ~r~~ Sworn to and subscribed before me this 14th da, o~ f TuIX, 2008. Notary P lic My commission expires: NOTARIAL SEAL BOrNTA A CANUP tVotory Public CART fSLE BOROUGH, CUN~ERLAND COUNTY AAy Commission Expires Jun 8, 2009