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FAMILY AGREEMENT -WAIVING FILING OF ACCOUNTING
This Agreement, entered into this ~ day of ~~~~(rr-/ , 2012, by and between
Mark R. Gaul and Timothy N. Gaul in their capacity as Co-Executors under the Will of
Doris H. Gaul, and Mazk R. Gaul and Timothy N. Gaul, residuary legatees of the estate. For
purposes of this Agreement, when Mark R. Gaul and Timothy N. Gaul aze referred to in their
fiduciary capacity, the term "Executors" will be used, and when they are referred to in their
individual capacity, they will be referred to by their first name.
BACKGROUND
1. Doris H. Gaul ("Decedent") died on December 3, 2010, residing at 1418 Cazlisle Road,
Camp Hill, Pennsylvania, having left-her Last Will and Testament dated July 17, 1997.
2. Decedent's Will was admitted to Probate by the Register of Wills of Cumberland
County on December 10, 2010, and Letters Testamentary were issued to Mazk R. Gaul
and Timothy N. Gaul, File No: 2010-01209.
3. In her Will, Decedent named her husband Charles R. Gaul Jr. as residuary heir,
however, Chazles R. Gaul passed away on December 12, 2008 and therefore it passes
to her two sons, Mazk R. Gaul and Timothy N. Gaul, as the sole residuary legatees. A
copy of the Will was given to all residuary heirs and that legatees were advised of their
interest in the estate.
4. The Executors advertised the Grant of Letters Testamentary, prepared and filed an
Inventory and prepared and filed the Pennsylvania Inheritance Tax Return, and federal
and state income tax returns, and paid the appropriate taxes thereon.
5. The Executors have paid all the general legatees and all the taxes, debts and expenses
of the estate known to them, and they have no knowledge of any unpaid claims,
absolute of contingent, which may be asserted against the estate, nor do they have any
reason to believe that there aze any such claims.
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6. The Executors have completed the administration of the estate, prep eir acC~unt ~
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thereof ("account"), and have distributed the net assets of the estate t R. ~%~,~
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and Timothy N. Gaul, the residuary legatees named in the Will. ~ cn ~ -~~+ x~ o
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7. A statement reflecting all estate receipts, disbursements, and distributions are annexed
hereto as Exhibit "A".
8. Mazk R. Gaul and Timothy N. Gaul desire that the Family Agreement make
unnecessary the filing of an accounting in the Orphan's Court Division of the Court of
Common Pleas of Cumberland County.
9. Mazk R. Gaul and Timothy N. Gaul have been given the opportunity to review the
books and records of the Executors, and based upon such opportunity or examination;
they have determined that they have sufficient information to make an informed
decision to waive their right to an accounting.
AGREEMENT
In consideration of the willingness of the Executors to distribute and terminate the estate in
accordance with terms of the Will without the protection afforded them by a formal adjudication
of an Executor's account, Mazk R. Gaul and Timothy N. Gaul, the undersigned beneficiaries,
individually and with respect to their heirs, personal representative, successors, and assigns, do
hereby:
1. Acknowledge that we have read this Agreement and represent that the facts set forth
above aze true and correct to the best of our knowledge, information, and belief. We
further acknowledge we are familiaz with the provisions of the Will of the decedent;
2. Waive the filing of a formal accounting of the administration of this estate, with respect
to the income and principal thereof, in any court which had jurisdiction, and in
particulaz, the Orphans' Court Division of the Court of Common Pleas of Cumberland
County, Pennsylvania;
3. Declare that we have examined the accounting and the periodic statements for the
accounting, which are attached hereto and incorporated herein, and find them to be true
and correct in all particulars;
4. Understand that the distribution is still subject to the payment of certain administration
expenses, including but not limited to, counsel fees to Quigley Law Office, P.C.;
accept and approve it with the same force and effect as if it had been prepared and duly
filed with, audited, adjudicated and confirmed absolutely by such Court as has
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jurisdiction over this estate, and as if the balance of principal and income has been
awarded by said Court in accordance with the Agreement and the accounting and
statement;
5. Warrant that we know of no outstanding and unsatisfied claims against the estate and
approve the distribution of the balance of principal and income shown on the attached
accounting and statement as set forth above.
6. Absolutely and irrevocably release and discharge the Executors, their personal
representatives, heirs, successors, and assigns from any and all actions, liabilities,
claims, and demands, including specifically, but not limited to liability arising in
connection with any mistake or fact or law, or negligent or careless act or omission by
the Executors in connection with the administration and distribution of assets shown in
the statement without a formal Court accounting and adjudication;
7. Agree to refund to the Executors such part or all of the distributive share which is
being distributed to us which may at any time be determined to have been an erroneous
distribution regardless of the cause of such error, even if attributable to negligence;
8. Agree that any period of limitation of actions for the collection for any erroneous
distribution to any of us shall commence only at such time as the Executors have
obtained actual knowledge of such erroneous distribution and that in no event shall the
obligation to collect any erroneous distribution start earlier than the actual discovery
thereof by the Executors;
9. With respect to any distribution of income or principal, which we have received, or
will receive upon execution of this Agreement, agree to indemnify and hold harmless
the Executors, their personal representatives, heirs, successors, and assigns, for any
liability, loss or expense (including but not limited to costs and counsel fees), arising
from any cause whatsoever, which maybe incurred by the Executors as a result of the
administration of this estate or distribution in accordance with this Agreement,
including, but not limited to, any liability for any federal estate tax, Pennsylvania
Inheritance Tax, or any other death taxes and federal and state income taxes, together
with any interest and costs incidental thereto, relating in a way to the estate, and also
including, but not limited to any assets received and payments or distribution made by
reason of an negligence or mistake of fact or law;
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10. Understand that this Agreement may be signed in counterpart originals, all of which
together shall be deemed to constitute one original; and
11. Agree that this Agreement shall be governed by the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, we agree to be bound hereby and have signed this Agreement
this lG~'~` day ~ ~~,~~ , ao 1 a.
Witness:
Witness:
Witnes
Witness:
~.
MARK R. GA -Executor
`~'~-~
MARK R. GAUL, neficiary
T OTHY N. UL, Co- cutor
TIM TH N. G , Benefic'
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EXHIBIT A
s
Accounting for Estate of Doris H. Gaul
12/10/10 Dep Transfer balance from Doris H. Gaul checking 9,000.86
12/15/10 95 Carolyn Houck - organist for funeral service 80.00
12/15/10 96 Pastor Arthur Grake -officiate funeral and burial 150.00
12/15/10 97 Gerald Seiler -soloist for funeral service 80.00
12/23/10 Dep Pioneer Value A Investment 105,351.88
12/23/10 Dep M&T cash bonus -direct deposit 25.00
12/23/10 Dep Wells Fargo-Utility & Telecommunications Fund 6,760.22
12/26/10. 98 Kevin Gasswint -tan. rent for 1418 Carlisle Rd. 9.00
12/30/10 Dep MetLife Auto -insurance check for 12/10 accident 2,495.62
12/31/10 Dep Highmark Healthcare -premium refund 31.74
12/31/10 99 V. Eugene Kilmore; MD -eye care visit 15.00
12/31/10 100 Milton S. Hershey Medical Center -hospital stay 250.00
101 VOID -Send to Wells Fargo
102 VOID -Send to Pioneer investments
12/31/10 103 CCS Medical 7.20
01/03/11 104 Guss Funeral Home -funeral expenses 8,246.72
01/03/11 105 Sun Motor Cars Inc. - repair of Dodge Stratus 2,495.62
01/03/11 Dep Pioneer High Yeld A 104,316.49
01/03/11 Dep Pioneer Equity Income A 13,452.90
01/03/11 Dep Pioneer Cash Reserve A 3,059.62
01/03/11 Dep Pioneer International Value A 2,350.66
01/07/11 106 Quigley Law Office PC 815.00
01/07/11 107 Mark Gaul -Reimburse for FedEx, boxes, fax, copies 56.62
01/09/11 108 PPL Electric Utilities Corp. 145.04
01/10/11 Dep Interest payment 0.92
01/16/11 109 Comcast Cable 62.82
01/20/f,i 110 Holy Spirit Hospital 212.50
01/22/11 111 Andrew Gaul -purchase & install car battery 88.00
01/23/11 112 PPL Electric Utilities Corp. 119.84
02/10/11 Dep M&T Bank -Interest 1.99
02/12/11 113 Quigley Law Office PC 539.54
02/32/11 114 PPL Electric Utilities Corp. -final bill 122.83
03/01/11 115 Register of Wills -pre-pay estimated PA estate tax 9,000.00
03/09/11 Dep Close out8e transfer Doris H. Gaul regular checking 879.07
03/10/11 Dep M&T Bank -interest 1.78
03/12/11 Dep Long Term Care Insurance refund 962.70
03/19/11 116 Mihon S. Hershey Medical Center- lab copay 15.00
03/26/11 117 Quigley Law Office PC 55.50
03/29/11 118 Mark Gaul -postage for stock, taxes, PA estate tax 24.34
04/08/11 Dep M&T Bank -interest 1.78
04/11/11 Dep Travelers Stock -dividend check 80.64
04/11/11 Dep Travelers Stock -dividend check 36.00
04/11/11 Dep Metlife Auto & Home - insurartice refund 30.00
04/14/11 119 Quigley Law Office PC 166.50
04/16/11 Dep Metlife Auto -deductible reimbursement 250.00
04/16/11 120 PA Dept of Revenue-2010 income tax for Doris Gaul 162.00
04/16/11 121 U.S. Treasury-2010 estate income tax 36,380.00
04/16/11 122 PA Dept Revenue - 2010 estate income tax 65.00
04/16/11 123 Denk & Associates PC - 2010 tax preparation 745.00
04/22/11 Dep MetLife Auto & Home - renters inwrance refund
04/23/11 124 Mark Gaul -postage to mail tax returns 14.16
05/10/21 Dep M&T Bank -Interest
05/27/11 Dep Refund -federal tax return Doris H. Gaul
05/27/11 Dep Travelers Stock -dividend check
05/27/11 Dep Travelers Stock -dividend check
06/10/11 Dep M&T Bank -Interest
06/23/11 125 Quigley Law Office PC 37.00
07/08/11 Dep M&T Bank -Interest
07/18/11 Dep Travelers Stock -dividend check
08/10/11 Dep M&T Bank -Interest
08/12/11 126 Mark Gaul -check register 12.89
08/29/11 127 Register ofWills -submit actual PA inheritance tax 1,780.48
09/09/11 Dep M&T Bank -Interest
09/09/11 128 Timothy N. Gaul -estate distribution #1 75,000.00
09/09/11 129 Mark R. Gaut -estate distribution #1 75,000.00
09/10/11 130 Quigley Law Office PC 1,199.00
10/07/11 Dep M&T Bank -Interest
10/11/11 Dep Travelers Stock -dividend check
11/10/li Dep M&T Bank -Interest
12/09/il Dep M&T Bank -Interest
01/05/12 Dep Proceeds from sale of Travelers Stock
01/05/12 Dep Travelers Stock -dividend check
01/10/12 Dep M&T Bank -Interest
01/18/12 auto New checks for estate account 10.87
01/22/12 221 Quigley Law Office PC 166.50
02/04/12 222 Register of Wills balance due on PA inheritance tax 94.97
02/10/12 Dep M8cT Bank -Interest
02/11/12 Dep Proceeds from Savings Bond sale - ser#106436546
03/06/12 223 Quigley Law Office PC 111.00
03/09/12 Dep M&T Bank -Interest
03/12/12 224 PA Department of Revenue 55.00
03/12/12 225 Denk & Associates, PC 525.00
03/16/12 226 Quigley Law Office PC -final bill estate services 370.00
03/16/12 227 Timothy N. Gaul -estate distribution #2 26,919.95
03/16/12 228 Mark R. Gaul -estate distribution #2 26,919.95
32.00
1.81
321.00
36.00
80.64
1.60
1.45
132.84
1.70
1.53
0.36
132.84
0.33
0.28
19,101.68
132.84
0.34
0.47
196.84
0.42
Totals 269,266.84 269,266.84 0.00