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FAMILY AGREEMENT
This Agreement entered into this ~~ day of March 2006, by
and between Francis O. Neer in his capacity as Executor under the will dated
September 27,2004, of Ruth E. Neer, Deceased, and Dean Stambaugh, Jean
Blosser and Faye Truxal, residuary legatees of the estate. For purposes of
this agreement, when he is referred to in his fiduciary capacity, the term
"Executor" will be used and, when he is referred to in his individual
capacities, he will be referred to by his first and last names.
BACKGROUND
1. Ruth E. Neer ("Decedent") died on January 27, 2005, a resident of
70 Greenfield Drive, South Middleton Township, Cumberland County, PA,
leaving a will dated September 27, 2004.
2. Decedent's will was admitted to probate by the Register of Wills of
Cumberland County on January 31, 2005, and letters testamentary were
issued to Francis O. Neer as Executor.
3. In her will, Decedent named her brother and two sisters, Dean
Stambaugh, Jean Blosser and Faye Truxal, as the residuary legatees.
4. The executor 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.
5. The executor 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.
6. The executor has distributed the net assets of the estate to Dean
Stambaugh, Jean Blosser and Faye Truxal, the residuary legatees named in
the will.
7. A statement reflecting all estate receipts, disbursements and
r-"..)
r.
distributions are annexed here to as Exhibit A.
8. Francis O. Neer, Dean Stambaugh, Jean Blosser and Faye Truxal
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 executor; 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 executor, and
his 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 executor any amount of the undersigned's
distribution which exceeds the amount to which the undersigned are entitled
as the executors shall determine;
8. Agree to indemnify and hold harmless, the executor, and his 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 executor 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.
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Witn~ys '/ /. -' I L ~~-,;.. t Dean Stambaugh (Beneficiary)'
C ,\ j -/~~1 ,''t ';;7> '~ {'~_ /3 L~'?4L~
.! ~:/ Jean Blosser (Beneficiary)
. ~ f;J rv(
:7f~al (B~ary)~
~~~u~,~ C;, /J ct"-L_
Francis O. Neer (Executor)
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FIRST AND FINAL ACCOUNT OF
FRANCIS O. NEER, EXECUTOR OF
THE ESTATE OF RUTH E. NEER
RECEIPTS OF PRINCIPAL
Cash:
02-17-05 Orrstown Bank (Liquidation of
Investment Fund) $ 80,000.00
03-01-05 Orrstown Bank (Liquidation of
Investment Fund) $100,000.00
03-14-05 Orrstown Bank (Liquidation of
Investment Fund) $ 15,000.00 *
04-14-05 Orrstown Bank (Liquidation of
Investment Fund) $ 7,032.49
04-19-05 Orrstown Bank (Liquidation of
Investment Fund) $149,000.00
04-21-05 Orrstown Bank (Liquidation of
Investment Fund) $ 31,355.39
05-04-05 Orrstown Bank (Liquidation of
Investment Fund) $ 28.42
* These funds were inadvertantly taken by Orrstown Bank
Department from ajoint account of Francis and Ruth Neer, which
by law became the sole account of Francis N eer and deposited into
the Estate account. Upon discovering the mistake on April 4, 2005
$15,000.00 was taken from the investment account and transferred
back into Mr. N eer' s account.
Stocks & Bonds
Orrstown Bank Investment Funds
$203,476.00
Real Estate
Y2 Interest in 70 Grennfield
Drive, Carlisle, P A
$ 95,000.00
Tangible Personal Property:
Bedroom Suite and various household goods
$ 1,000.00
Total Inventory $681,892.30
Income:
02-28-05 Interest
03-31-05 Interest
05 -01-05 Interest
05-31-05 Interest
06-30-05 Interest
07 -31-05 Interest
08-31-05 Interest
10-02-05 Interest
11-30-05 Interest
12-31-05 Interest
01- 3 1-06 Interest
02-28-06 Interest
$ 13.26
$ 28.64
$ 123.16
$ 96.10
$ 11.07
$ .36
$ .36
$ .38
$ .34
$ .35
$ .37
$ .33
Total Income $
274.72
Total Receipts $682,167.02
DISBURSEMENTS OF PRINCIPAL
Debts of Decedent
03-31-05 Orrstown Bank (fees)
04-14-05 Goodwill ambulance
$
$
658.00
45.45
Administration Expenses
02-16-05 Register of Wills,
Inheritance Tax
04-14-05 Register of Wills,
Inheritance Tax
$ 70,000.00
$ 9,503.37
Fees & Commissions
02-16-05 Joseph D. Buckley, Esquire
Costs, expenses, part. fees)
$8,000.00 fees
$ 410.00 costs: Probate fee
Register of Wills
04-14-05 Joseph D. Buckley, Esquire
$ 8,410.00
part. fees) $ 8,000.00
03-15-06 Joseph D. Buckley, Esquire
Costs: Advert. Fee for Letters
To CCLJ $ 85.00
Advert. Fee for Letters
To Sentinel $137.03
Additional probate fee
To Register $150.00
Filing fees, inh. tax, releases
& Agreement $ 35.00
Postage $ 27.25
Telephone $ 17.50
Travel $ 75.00
Copies $ 25.00
Total Costs $551.78
$ 3,730.42 Fees $4,282.20
Distributions to Beneficiary
02-10-05 KIM VAN FLEET (furniture)
03-01-05 KIM VAN FLEET, RD
03-01-05 ROBERT D STAMBAUGH
03-01-05 ROBERT M. STAMBAUGH
03-01-05 ALAN STAMBAUGH
03-01-05 RICHARD STAMBAUGH
03-01-05 BARBARA WELLER
03-01-05 WILLIAM BAILEY
03-01-05 ROBERT BAILEY
03-0 1-05 STACEY LEHRE
03-01-05 DONALD BLOSSER
03-01-05 JEFFREY BLOSSER
03-01-05 TERESA QUESENBERRY
03-01-05 BRUCE TRUXAL
03-01-05 SCOTT TRUXAL
$ 1,000.00
$15,000.00
$15,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
$ 5,000.00
BUREAU OF INDIVIDUAL TAXES
INHERITANCE TAX DIVISION
PO BOX 280601
HARRISBURG PA 17128-0601
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF REVENUE
NOTICE OF INHERITANCE TAX
APPRAISEMENT, ALLOWANCE OR DISALLOWANCE
OF DEDUCTIONS AND ASSESSMENT OF TAX
REV-1547 EX AFP (06-05)
DATE 11-21-2005
ESTATE OF NEER RUTH E
DATE OF DEATH 01-27-2005
FILE NUMBER 21 05- 0097
COUNTY CUMBERLAND
ACN 101
APPEAL DATE: 01-20-2006
( See reverse side under Objections)
Amount Remittedl I
MAKE CHECK PAYABLE AND REMIT PAYMENT TO:
REGISTER OF WILLS
CUMBERLAND CO COURT HOUSE
CARLISLE, PA 17013
CUT ALONG THIS LINE --+ RETAIN LOWER PORTION FOR YOUR RECORDS +--
REv:is47-Ex-AFp-co3:os3-NOTICE-OF-INHERITANCE-TAX-APPRAISEMENT:-ALLOWANCE-OR---------------
DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX
ESTATE OF NEER RUTH E FILE NO. 21 05-0097 ACN 101 DATE 11-21-2005
JOSEPH D BUCKLEY
1237 HOLLY PIKE
CARLISLE PA 17013
TAX RETURN WAS: (X) ACCEPTED AS FILED
) CHANGED
RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE
APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN
1. Real Estate (Schedule A)
2. Stocks and Bonds (Schedule B)
3. Closely Held Stock/Partnership Interest (Schedule C)
4. Mortgages/Note3 Receivable (Schedule D)
5. Cash/Bank Deposits/Misc. Personal Property (Schedule E)
6. Jointly Owned Property (Schedule F)
7. Transfers (Schedule G)
(1)
(2)
(3)
(4)
(5)
(6)
(7)
97,000.00
589,684.92
.00
.00
5,125.00
.00
.00
NOTE: To insure proper
credit to your account.
submit the upper portion
of this form with your
tax payment.
8.
Total Assets
(8)
691,810.00
APPROVED DEDUCTIONS AND EXEMPTIONS:
9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H)
10. Debts/Mortgage Liabilities/Liens (Schedule I)
(9)
CIa)
24,367.00
45.00
(I 1)
CI2)
(13)
Net Value of Estate Subject to Tax
(14)
74.417.00
667,398.00
.00
667,398.00
Total Deductions
Net Value of Tax Return
II.
12.
13.
14.
Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J)
NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will
~~ef~e-ct- figure-stna"t inclllVe- th-e total of.~ retur-ns assessed to date.
ASSESSMENT OF TAX:
15. Amount of Line 14 at Spousal rate (15)
16. Amount of Line 14 taxable at Lineal/Class A rate (16)
17. Amount of Line 14 at Sibling rate (17)
18. Amount of Line 14 taxable at Collateral/Class B rate (18)
.00 X 00
.00 X 01f5 =
547,398.00 X 12
120,000.00 X 15
(19)=
.00
.00
65,687.76
18,000.00
83,687.76
19. Principal Tax Due
TAX CREDITS'
.
PAYMENT RECEIPT DISCOUNT (+) AMOUNT PAID
DATE NUMBER INTEREST/PEN PAID (-)
02-17-2005 CD004963 3,684.21 70,000.00
04-20-2005 CD005232 500.18 9,503.37
TOTAL TAX CREDIT 83,687.76
BALANCE OF TAX DUE .00
INTEREST AND PEN. .00
TOTAL DUE .00
* IF PAID AFTER DATE INDICATED. SEE REVERSE
FOR CALCULATION OF ADDITIONAL INTEREST.
( IF TOTAL DUE IS LESS THAN $1. NO PAYMENT IS REQUIRED.
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
Tammv Shoemaker, Classified Sales 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 d
Februarv OJ! 10,J7, 2QQ.2
COpy OF NOTICE OF PUBLICATION
EXECUTOR'S ~
Letters Testamentary on the Estate of RUTH E. NEER,
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 wili make payment immediately and those
having claims will present them for settlement to:
Francis O. Neer
c/o The Law Offices of Joseph D. Buckley
1237 Holly Pike
Carlisle, PA 17013
(717) 249-2448
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 arc true. mll~
;C)r To:
Joseph D. Fluckley, Esquire
1237 Holly Pike
Carlisle, PA 17013
Sworn to and subscribed before me this
2,;,}rd day of FeJ2Ill!!!'YL20QQ
CA llfftu.aJ ~ry ~ Q ,
My commission expires: q / I{ O~
S::.'::..'.\~~:L.YY~::'':.Jh OF ~-:NNSYLV/-\NIA
r".Jotarial Seal
Cr!iI:"'ria l. \Nolfe, Notary PUblic
!'::i3riis!E. Dero, Cumberland County
f J.. ~\' ""'''r''Y'llTj" " E .
'.-;-:-~.:::;;. "IS.~?;) . '-xplres Sepi. 1, 2008
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