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HomeMy WebLinkAbout04-15-14 (2) _ . . ,, : .�I _���,�I ��� a;..: N , �_., . ,. .�r����,..;. .� �`_,w,.�, � C �'�1 C'� . � O • �'.? G7 p�k; � � � �3,f°, R7 S C"� •—`� C7 a. . �I p � � � �_' FAMILY AGREEMEl`�,T� J �, Q, c::�a "fl -i�� '*t This Agreement entered into the 25�' day of T�b��, �4, ��nd between Jelinda R. Bender and Jeneen K. Miller, in their capac�t'y�s co-e�Seutc��er :the will dated February 19, 200t�of Richard R. Knisely, Deceas�,and Jelin�ia R� „ '.der�Jeneen K. Miller and Richard R. Knisely, II, the residuary legatees of the e�ate. For�ur�oses of this agreement, when Jelinda R. Bender and Jeneen K�: Miller are�.referred��''to :�n their fiduciary capacity, the term "Co-Executor" will be used and, when they is referred to in their individual capacities, she will be referred to by her first and last names. BACKGROUND 1. Richard R. Knisely ("Decedent") died on January 16, 2009, a resident of 330 Fulton Street, Enola, PA , 17025, leaving a will dated February 19, 200�. 2. Decedent's will was admitted to probate by the Register of Wills of Cumberland County on January 30, 2009, and letters testamentary were issued to his daughters Jelinda R. Bender and Jeneen K. Miller, as Co-Executors. 3. In his will, Decedent named his three children: Jelinda R. Bender, Jeneen K. Miller and Richard R. Knisely, II as the beneficiaries of her estate, thus the residuary legatees. 4. The Co-Executors advertised the grant of letters Testamentary, prepared and filed an Inventory 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. 5. The Co-Executors 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. 6. The Co-Executars have distributed the net assets of the estate to Jelinda R. Bender, Jeneen K. Miller and Richard R. Knisely, II the residuary legatees named in the will. 7. A statement reflecting all estate receipts, disbursements and distributions are annexed here to as Exhibit A. 8. The, Co-Executors and Jelinda R. Bender, Jeneen K. Miller and Richard R. Knisely, II all desire that this 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 fhat the undersigned have each examined the attached informal account (and statemen�/schedule of distribution) of the Co-Executors; 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. Wanant 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 Co-Executors, and their heirs, personal representatives, successors and assigns of and from any and all actions, liabilities, claims and demands relating in any way to their 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 Co-Executors any amount of the undersigned's distribution which exceeds the amount to which the undersigned are entitled as the Co- Executors shall determine; 8. Agree to indemnify and hold harmless, the Co-Executors, and their 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 Co-Executors may incur as a result of the administration of the estate and its distribution in accordance with their agreement including, but not limited to, any liability for any federal estate taxes, Pennsylvania lnheritance 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 ar 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. � �� � � � � f �,. S Jeli R. Bender(Beneficiary) f /�' > C , �� � ��� , � e .�-y�r� � ��.._ � itness e een K. Miller(Beneficiary) V - � Witn s Richard R. isely, II (Beneficiary r ' � �; it ss Jel a R. Bender(Co- Executor) , , . yZQe�� � �Z' � �� tness J en K. Miller(Co-Exe utor) 3 INFORMAL ACCOUNTING ESTATE OF REINE ANDREE BATCHELAR RECEIPTS OF PRINCIPAL Fiduciary Acquisition Value Bank account Wachovia: 9,189.98 Real Estate 330 Fulton Street, Enola, PA 90,508.48 100-102 Center Street, Enola, PA 149,842.55 TotalInventory $ 249,541.01 Receipts Subsequent to Inventory Miscellaneous Refunds 523.61 Auction of Personal Property 6,627.96 Rents 11,700.00 Loans from Executrices 10,000.00 Return of Check 200.00 Total Subsequent Receipts $ 29,051.57 TOTAL RECEIPTS OF PRINCIPAL $278,592.58 DISBURSEMENTS OF PRINCIPAL Debts of Decedent (See Attached details) 5,369.82 Funeral Expenses Conklin Funeral Home, Inc. and funeral meal 4,302.76 4 Administration Expenses CC Law Journal (Legal Adv.) 75.00 Register of Wills (Probate fees) 425.00 Register of Wills (Inheritance tax) 8,069.00 The Sentinel (Legal adv) 230.02 Repayment of Debt to Executrices 10,000.00 28,971.60 Fees & Commissions Joseph D. Buckley (attorney's fee) 21,000.00 Joseph D. Buckley (expenses) 166.32 Jelinda R. Bender (Executrice fees) 5,000.00 Jeneen K. Miller (Executrice fees) 5,000.00 31,166.32 Subdivision Costs Government plan fees 1,060.00 BL Companies (surveyors engineers) 6,134.50 7,194.50 Maintenance and Upkeep Costs for Real Estate Utilities, repairs, taxes, insurance, painting, carpet, etc. (See detail listings) 9,587.58 Total debts, expenses, costs and fees 86,592.58 Distributions to Beneficiary Jelinda R. Bender 64,000.00 Jeneen K. Miller 64,000.00 Richard R. Knisely, II 64,000.00 Total Distributions 192,000.00 TOTAL COSTS AND DISTRIBUTIONS 278,592.58 PRINCIPAL BALANCE ON HAND 0.00 5 � �i� � �� pennsylvania ' DEPARTMENT OFREVENUE BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX REV-1607 EX AFP (12-12) INHERITANCE TAX DIVISION S TAT E M E N T O F A C C O U N T PO BOX 280601 HARRISBURG PA 17128-0601 DATE 02-25-2013 ESTATE OF KNISLEY RICHARD R DATE OF DEATH 01-16-2009 FILE NUMBER 21 09-0103 COUNTY CUMBERLAND JOSEPH D BUCKLEY ESQ ACN 101 1237 HOLLY PIKE Amount Remitted CARLISLE PA 17013-4435 MAKE CHECK PAYA$LE AND REMIT PAYMENT T0: 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 EX AFP C12-12� *** INHERITANCE TAX STATEMENT OF ACCOUNT *** ESTATE OF:KNISLEY RICHARD R FILE NO. : 21 09-0103 ACN: 101 DATE: 02-25-2013 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: 01-28-2013 PRINCIPAL TAX DUE: 8,468.64 PAYMENTS (TAX CREDITS) : PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID DATE NUMBER INTEREST/PEN PAID (-) 10-08-2009 CD011843 .00 8,000.00 11-15-2012 CD016784 .00 b9.00 02-11-2013 CD017165 52.90- 452.81 TOTAL TAX PAYMENT 8,468.91 BALANCE OF TAX DUE .27CR INTEREST AND PEN. .00 TOTAL DUE .27CR � 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 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 Journai, a legal periodical published in the Borough ot Carlisle in the County and State atoresaid, 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: Februarv 20 Februarv 27 and March 6 2009 Affiant further deposes that he is author<zed 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. ' a Marie Coyne, dito SW TO AND SUBSCRIBED before me this 6 day of March, 2009 Notary Kaisely,Richard R.,dec'd. Late of East Pennsboro Town- ship. NfJT,4Ri,�L SFP,L � Executrices: Jelinda R. Bender DE�ORAH A CQL�INS and Jeneen K.Miller c/o The Law Noiarf Public Offices of Joseph D. Buckley, 1237 Holly Pike, Carlisle, PA CARLI5LF BORO, CUM16ERLAND COUNIY 17013. My Commission Expfres A;ar 28,2010 Attorney: Joseph D. Buckley, Esquire, 1237 Holly Pike,Carlisle, PA 17013,(717)249-2448. 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 13�, 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): February 14,2009 FebruarX 21 2009 and February 28,2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the ; - � �, - aforesaid notice or advertisement, and that gkECUrc�R�s� . �l all allegations in the faregoing statement Letter�'��iet�rnenfarypn�haz�state�tRICMA�DqtiKN18�6Y,+a%��st as to time,place and character of Pe�qrY6p�pro Toxmshl�LYMiqerfend County,Pk,deceased,fiavabe� gr�ro:m�o�a�� _ publication are true. J111 per�t>rl'a know[op memseNes to be irt�febted to said Estat�wili�ai�e � � paymet�t immediuteby�those hav�p Ciaims wi0.preserit lhem tor ;strttlemant to:: - Jelinda R.Ben�der �`' . . .�. �r ,. - ' ,�eneeii K.Miller_ , ° � u C/o The Law OtflCes of�oseph D.Euckley ' � `f2�T Holly Pika • CatiiSlQ.Pq 470T� ;�" {77�2492AA8= � ^ Sworn to and subscribed before me this c�.w '-` J�eph d:.BuCl�e`y,'Esqutra ` - � y��� � 1237,Ho1�!Pilf�a 11-{ d � �j D�� Carlisfp,PA 1701�3 b � (�',����U�u��.W��.f���a���CX./�.1���✓..�..� � Notary Public My commission expires: COMMONWEALTH OF PENN5YLVANIA NOTARIAL SEAL BAMBI ANN HECKENCORN,Notary Publ+c; Camp Hill Boro.,Cumberland County l�r9y Commission Expires January 27,2010