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HomeMy WebLinkAbout12-17-12 (2) r~z c n rtl C C '7 GD O CSJ ~D Ch :iy M FAMILY AGREEMENT r°- ~-J a'r 73 Cti, s .,I 1 This Aareement entered into this 14th day of November> 20Y2r-~b and4etwq-eW, b > , Sue Ann Moore in her capacity as Executrix under the will dated November 21P-200$, g Francis O. Neer, Deceased, and Sue Ann Moore, Christine E. Foster;wTMe McQalli Allison Moore, John Wessells Moore and Katheryne F. Hoffineyer, the residuaryk-gatees of the estate. For purposes of this agreement, when Sue Ann Moore is referred to in her fiduciary capacity, the term "Executrix" will be used and, when she is referred to in her individual capacities, she will be referred to by her first and last names. BACKGROUND 1. Francis O. Neer ("Decedent") died on December 18, 2009, a resident of 5225 Wilson Lane. Mechanicsburg (Lower Allen Township), Cumberland County, PA, leaving a will dated November 21, 2008. 2. Decedent's will was admitted to probate by the Register of Wills of Cumberland County on January 11, 2010, and letters testamentary were issued to Sue Ann Moore, decedent's daughter, as Executrix. 3. Decedent was a widower and retired Army officer having achieved the rank of Lieutenant Colonel and having passed away the day before his ninety-ninth (99th) birthday. 4. In his will, Decedent named his only daughter, Sue Ann Moore, and his grandchildren children: Christine E. Foster, Tracey McCallister, Allison Moore, John Wessells Moore and Katheryne F. Hoffineyer, as the residuary legatees. 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. 6. The Executrix has 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 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 a large portion of the net assets of the estate to Sue Ann Moore, Christine E. Foster, Tracey McCallister, Allison Moore, John Wessells Moore and Katheryne F. Hoffineyer the residuary legatees named in the will and with the signing of this agreement is distributing the final amounts to said residuary legatees. 9. A statement reflecting all estate receipts, disbursements and distributions are annexed here to as Exhibit A. 1 10. The Executrix, Sue Ann Moore, desires 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 Executrix; 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 Executrix, and her 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 Executrix any amount of the undersigned's distribution which exceeds the amount to which the undersigned are entitled as the Executrix shall determine; 8. Agree to indemnify and hold harmless, the Executrix, 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 Executrix 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, but not limited to, any assets received or payments or distributions made by reason of any negligence or mistake of law or fact. 2 IN WITNESS WHEREOF the parties set their respective hands and seals the first day written above.' Wiitness Sue FAnn Moore (Beneficiary) - ~ n Ci isf.,e l: Fos-Ler (Beneficiary) r..~ t.. 4 r bt Witness Tracy A. MacAllister (Beneficiary) Witness John Wessells Moore (Beneficiary) U r r 11-A Witness 7 Katherine F. Ho r (Beneficiary) Witness Allison J. Moore (Beneficiary) °00 Witness' Sue Ann Moore (Executrix) INFORMAL ACCOUNTING ESTATE OF FRANCIS O. NEER RECEIPTS OF PRINCIPAL Fiduciary Cash: Acquisition Value Cash or Certificates of Deposit: Orrstown Bank 57,281.24 PNC Bank 3,234.88 Stocks and Bonds Orrstown Bank Securities Account 1,438,792.13 Other: Personal Property 700.00 Total Inventory $ 1,500,008.20 Receipts Subsequent to Inventory Refund (PA Income Tax) 452.95 Refund (Bethany Village) 1,661.21 Refund (Comcast) 24.44 Refund (Orrstown Bank) 172.00 Refund (Orrstown Bank Securities Account) 419.87 Refund (USAA Ins.) 1,694.65 Refund (Continuing Care RX) 206.82 Refund (AARP) 46.60 Refund (Time Domestic) 76.06 Refund (Ewing Bros. Funeral Home) 1,335.85 Refund (PA Department of Revenue) 2,787.20 Total Subsequent Receipts $ 8,877.65 TOTAL RECEIPTS OF PRINCIPAL $1,508,885.80 4 DISBURSEMENTS OF PRINCIPAL Debts of Decedent 03/15/2010 Reimbursement to Orrstown Bank for VA Benefit Check 2,769.00 Administration Expenses 03/11/2010 Register of Wills (Inheritance tax) 64,000.00 02/09/2010 The Sentinel (Legal adv) 219.40 Fees & Commissions 02/09/2010 Joseph D. Buckley (partial fee) 25,000.00 04/14/2010 Joseph D. Buckley (partial fee) 5,000.00 04/15/2012 Joseph D. Buckley (partial fee) 10,000.00 09/14/2010 Joseph D. Buckley (partial fee) 5,000.00 01/11/2011 Joseph D. Buckley (partial fee) 1,500.00 46,500.00 Costs, Probate fees and Misc. Costs 11/14/2012 Joseph D. Buckley, Esquire (final) 3,515.00 3,515.00 Total debts, expenses and fees $117,003.40 Distributions to Beneficiary 01/19/2010 Sue Ann Moore (personal property) 700.00 01/29/2010 Sue Ann Moore (partial distribution) 175,000.00 01/29/2010 Christine E. Foster (partial distribution) 175,000.00 01/29/2010 Tracey McCallister (partial distribution) 175,000.00 01/29/2010 Allison Moore (partial distribution) 175,000.00 01/29/2010 John Wessells Moore (partial distribution) 175,000.00 01/29/2010 Katheryne F. Hoffineyer (partial distribution) 175,000.00 09/14/2010 Sue Ann Moore (partial distribution) 40,000.00 09/14/2010 Christine E. Foster (partial distribution) 40,000.00 09/14/2010 Tracey McCallister (partial distribution) 40,000.00 5 09/14/2010 Allison Moore (partial distribution) 40,000.00 09/14/2010 John Wessells Moore (partial distribution) 40,000.00 09/14/2010 Katheryne F. Hoffineyer (partial distribution) 40,000.00 02/01/2011 Sue Ann Moore (partial distribution) 15,000.00 02/01/2011 Christine E. Foster (partial distribution) 15,000.00 02/01/2011 Tracey McCallister (partial distribution) 15,000.00 02/01/2011 Allison Moore (partial distribution) 15,000.00 02/01/2011 John Wessells Moore (partial distribution) 15,000.00 02/01/2011 Katheryne F. Hoffineyer (partial distribution) 15,000.00 Total Distributions $1,380,000.00 TOTAL DISBURSEMENTS $1,497,000.34 TOTAL RECEIPTS OF PRINCIPAL $1,508,885.80 Less TOTAL DISBURSEMENTS $1,497,000.34 PRINCIPAL BALANCE ON HAND $ 11,882.40 Final Distributions to Beneficiaries 11/14/2012 Sue Ann Moore 1,980.40 11/14/2012 Christine E. Foster (partial distribution) 1,980.40 11/14/2012 Tracey McCallister (partial distribution) 1,980.40 11/14/2012 Allison Moore (partial distribution) 1,980.40 11/14/2012 John Wessells Moore (partial distribution) 1,980.40 11/14/2012 Katheryne F. Hoffineyer (partial distribution) 1,980.40 Total Final Distributions 11,882.40 BALANCE REMAINING AFTER FINAL DISTRIBUTION 0.00 6 pennsyLvania BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION REV-1607 EX AFP (12-11) PO Box 280601 STATEMENT OF ACCOUNT HARRISBURG PA 17128-0601 DATE 08-13-2012 ESTATE OF NEER FRANCIS 0 DATE OF DEATH 12-18-2009 FILE NUMBER 21 09-1214 COUNTY CUMBERLAND JOSEPH D BUCKLEY ESQ ACN 101 1237 HOLLY PIKE Amount Remitted CARLISLE PA 17013-4435 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: 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 _ 4 - - _ _ _ _ _ REV-1607 EX AFP (12-11) INHERITANCE TAX STATEMENT OF ACCOUNT ESTATE OF:NEER FRANCIS 0 FILE NO.: 21 09-1214 ACN: 101 DATE: 08-13-2012 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: 06-25-2012 PRINCIPAL TAX DUE: 64,434.53 PAYMENTS (TAX CREDITS): PAYMENT RECEIPT DISCOUNT C+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID 03-11-2010 CDO12448 3,221.73 64,000.00 07-26-2012 REFUND .00 2,787.20- TOTAL TAX PAYMENT 64,434.53 BALANCE OF TAX DUE .00 INTEREST AND PEN. .00 TOTAL DUE 00 * IF PAID AFTER THIS DATE, 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 THIS FORM FOR INSTRUCTIONS. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketing, 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): January 16, 23, and 30, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the EXECUTORS NOTICE aforesaid notice or advertisement, and that Letters Testamentary on the Estate of FRANCIS O. NEER, late of Lower Allen all allegations in the foregoing statement as Township, Cumberland County, PA, deceased, have been granted to the undersigned. to time, place and character of publication All persons knowing themselves to be indebted to said Estate will make are true. payment immediately and those having claims will present them for settlement to: Sue Ann Moore C/o 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 Sworn to and subscribed before me this Carlisle, PA 17013 Notary Public My commission expires: COMMONWEALTH OF PCNNSYLYANIA NOTARIAL SEAT. TAMMY S. BRICKNER, Notary Public Carlisle Ova., Cumberland County My Commission Expires May 13, 2010 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND 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: January 22, January 29, and February 5 2010 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. r Li arse Coyne, Edito SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 Notary Neer, Francis O., dec'd. Late of Lower Allen Township. Executrix: Sue Ann Moore c/o The F X Law Offices of Joseph D. Buckley, ~ c 1237 Holly Pike, Carlisle, PA ,.c.•„ P A OLUxS 17013. r a!-Jry PL;b1iC Attorney: Joseph D. Buckley, CAr".Ll~! W f;C`F.J, CLMFERLANID COUVIi` Esquire, 1237 Holly Pike, Carlisle, Priy or~ri;ss i~ Expires Apr 23, 1 10 PA 17013, (717) 249-2448..