HomeMy WebLinkAbout97-00943
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3, The Defendant, Barbara S, Lafferty, is an adult
individual who resides at 2551 East Calle Sin Condena, Tucson,
Arizona 85718,
4, The Defendant, George W. Sumers, III, is an adult
individual who resides at 400 Brookhaven Trail, Austin, Texas
78746.
5. The Defendant, R. Sprague Sumers, is an adult individual
who resides at 2819 Meadow Lane, El Campo, Texas 77437,
6. The Defendant, Christopher W. Sumers, is an adult
individual who resides at 1814 Saxony Lane, Nasa Bay, Texas
77058.
7. The Defendant, Loretta A. Sumers, is an adult individual
who resides at 605 Avenue E, El Campo, Texas 77437,
8, The Defendant, Robert S, Lafferty, is an adult
individual who resides at 29707 Shelter Island Drive, Suite 105-
127, San Diego, California 92106.
9. The Defendant, Paul G, Lafferty, is an adult individual
who resides at 2400 Rio Grande Boulevard, N,W, Suite 1-148,
Albuquerque, New Mexico 87104-3222.
10. The Defendant, Barbara A. Lafferty, is an adult
individual who resides at 4847 S,W, Larch Drive, Beaverton,
Oregon 97005,
11, Plaintiffs are grandchildren of George W. Sumers,
deceased, who died October 25, 1980, and are the children of
Defendant Barbara S, Lafferty, daughter of George W. Sumers,
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12. The Defendant, Aubin Steigman, formerly Aubin Sumers,
is the widow of George W. Sumers, Jr" deceased. George W.
Sumers Jr. was the son of George W. Sumers.
13. The Defendants George W, Sumers, III, R, Sprague
Sumers, Christopher W. Sumers, and Loretta A. Sumers (formerly
Vaughn by marriage) are grandchildren of George W, Sumers,
dece~sed and the children of George W. Sumers, Jr" deceased and
Aubin Sumers now Steigman.
14, The Defendants Robert F. Lafferty, Paul G. Lafferty and
Barbara A. Lafferty (formerly Schaaf by marriage) are the
grandchildren of George W. Sumers, deceased and the children of
Barbara 5, Lafferty.
15. George W. Sumers, deceased, was predeceased by his
wife, Loretta M, Sumers,
16. The decedent, George W. Sumers, was survived by his
daughter Loretto J, Sumers, who died without issue.
17, The foregoing individuals are all of the children and
grandchildren of George W. Sumers,
18. During his lifetime, George W. Sumers acquired a parcel
of land, together with the improvements thereon erected, situate
partly in North Middleton Township and partly in the Borough of
Carlisle, Cumberland County, Pennsylvania, by deed dated
January 14, 1957 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Deed Book IIp'', Vol. 17,
Page 277,
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19. On January 14, 1957, George W, Sumers and Loretta M.
Sumers, his wife, leased the premises to American Stores Company,
a corporation organized and existing under the laws of the State
of Delaware, for an initial term of fifteen (15) years, said
lease providing for seven annual renewals of five (5) years each.
20, By Irrevocable Trust Agreement dated May 1, 1957,
George W, Sumers created a Trust for the benefit of his
grandchildren, Ralph F. Lafferty, Jr., Toby G. Lafferty, then
known as "Georgette Lafferty", John R. Lafferty and Lucille
Lafferty, now Lucille Gilmartin, the Plaintiffs herein,
21. By deed dated May 1, 1957, joined by his wife,
Loretta M. Sumers, George W. Sumers granted and conveyed the
premises in fee simple to Ralph F. Lafferty, as Trustee for the
benefit of the grandchildren aforesaid, the Plaintiffs herein,
pursuant to the Irrevocable Trust Agreement aforesaid.
22, On May 1, 1957 George W. Sumers and Loretta M. Sumers,
his wife, assigned all of their right title under the Lease
Agreement dated January 14, 1957 to Ralph F. Lafferty, as
Trustee, pursuant to the aforesaid Trust Agreement of May 1,
1957.
23. George W. Sumers filed a United States Gift Tax Return
for calendar year 1957 reporting the transfer of the aforesaid
real estate into Trust for the benefit of his four (4)
grandchildren, the Plaintiffs.
24. Ralph F. Lafferty assumed possession of the property,
subject to the rights of American Stores Company on May 1, 1957
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and from May 1, 1957 until September 19, 1996, Ralph F. Lafferty,
Trustee, remained in possession of the real property, as Trustee,
on behalf of the beneficiaries, the Plaintiffs herein,
25. On or about the Summer of 1996 Great American Stores
advised Ralph F. Lafferty that it was declining to exercise its
final five (5) year renewal option to renew the Lease Agreement
of January 14, 1957 and would deliver possession of the premises
to him at the expiration of the then current term on January 14,
1997.
26. At that time it was discovered that the original
documents, i.e., the Irrevocable Trust Agreement, Deed, and
Assignment of Lease aforesaid were lost, mislaid or inadvertently
destroyed, and that the public records in the Office of the
Recorder of Deeds in and for Cumberland County reflected George
W. Sumers as the owner of the premises.
27. By Family Agreement dated September 19, 1996, Ralph F.
Lafferty and the Plaintiffs herein terminated the Intervivos
Trust Agreement of May I, 1957 distributing the trust assets to
the Plaintiffs, a true and correct copy of which is attached
hereto, made a part hereof and marked Exhibit "A".
28, By deed dated December 31, 1996 and recorded in the
Office of the Recorder of Deeds in and for Cumberland County on
January 15, 1996 in Deed Book 152, Page 44, Ralph F. Lafferty,
Trustee, granted and conveyed the real property to the Plaintiffs
herein as equal tenants in common.
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29. The Last Will and Testament Will of George W. Sumers,
dated October 24, 1978, was duly probated in the Circuit Court
for Monroe County, Florida and the Surrogate's Court of New York
County, New York, which decree directed issuance of Letters
Testamentary to Loretto J, Sumers (daughter of George W. Sumers)
and Bankers Trust Company in proceedings docketed to File No.
774/1981 in the Surrogate's Court of New York County, New York
State for administration of all assets of George W. Sumers except
those in the State of Florida, A true and correct copy of the
Will, probate and issuance of Letters Testamentary are attached
hereto, made a part hereof and marked Exhibit "B",
30. The said Executors duly administered the Estate of
George W. Sumers, deceased, and settled the said Estate by
Agreement of Release and Receipt which was duly filed in the
Surrogate's Court of New York County, New York on February 15,
1989, a true and correct copy of which is attached hereto, made a
part hereof and marked Exhibit "C".
31. The land in issue in this proceeding was not an asset
of the Estate of George W, Sumers, the Executors and all
beneficiaries being aware that the premises had been conveyed
unto Ralph F, Lafferty, Trustee, as herein above stated.
32. By quitclaim deed dated November 19, 1996 and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County on December 3, 1996 in Deed Book 149, Page 1145, Bankers
Trust Company, a banking corporation organized and existing under
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the laws of the State of New York, quitclaimed its interest, as
surviving Executor, onto the Plaintiffs herein.
33. The Last Will and Testament of George W. Sumers,
deceased named George W, Sumers, Jr, and Aubin Sumers, his wife,
Barbara S. Lafferty and Loretto J. Sumers as life beneficiaries
of his Estate. The said George W. Sumers, Jr, and Loretto J,
Sumers are now deceased. Aubin Sumers, now Aubin Steigman, and
Barbara S. Lafferty are Defendants in this action,
34. Loretto J. Sumers was provided a Limited Power of
Appointment over the remainder of her share in the estate as set
forth in Item Fourth (d) of the Last Will and Testament of
George W. Sumers, deceased.
35. The Last Will and Testament of George W. Sumers,
deceased designated the issue of his three children aforesaid,
i.e. George W, Sumers, III, R. Sprague Sumers, Christopher
Sumers, Loretta A, Sumers, Georgette (now Toby G.) Lafferty,
Ralph F, Lafferty, Jr., John R. Lafferty, Lucille S, Lafferty
(now Gilmartin), Robert 5, Lafferty, Paul G. Lafferty and
Barbara A, Lafferty as Remainder Beneficiaries of his Estate,
36. In her Last Will and Testament, duly probated, a true
and correct copy of which is attached hereto, made a part hereof
and marked Exhibit "0", Lorecto J. Sumers exercised her Power of
Appointment in favor of Barbara S. Lafferty as life beneficiary
and Lne eleven grandchildren of George W. Sumers in equal shares,
as the remainder beneficiaries, Those eleven beneficiaries are
the four Plaintiffs and the seven Defendants who are
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grandchildren of George W, Sumers,
37. The original Irrevocable Trust Agreement and Deed from
George W. Sumers to Ralph F. Lafferty, as Trustee, having been
lost, mislaid or inadvertently destroyed, a cloud exists on the
public record to the title of the Plaintiffs herein in favor of
the defendant beneficiaries of the Estate of George W, Sumers, as
aforesaid.
38. A true and correct copy of the deed of conveyance from
Ralph F. Lafferty, Trustee, to the Plaintiffs herein, is attached
hereto, made a part hereof and marked Exhibit "E",
39. A true and correct copy of the Quitclaim Deed from
Bankers Trust Company to the Plaintiffs herein is attached
hereto, made a part hereof and marked Exhibit "F".
40. Plaintiffs assumed possession of the real property
known as 725 North Hanover Street, Carlisle, Pennsylvania 17013,
Tax Parcel No, 29-20-2800-011 on September 19, 1996 and own title
thereto in fee simple as equal tenants in common.
41. The Defendants do not own any estate, right, title,
lien or interest in or to the said property or any part thereof.
WHEREFORE, Plaintiffs pray Your Honorable Court to order the
Defendants to bring an action in ejectment within thirty (30)
days from the entry of the Order pursuant to Pa, R,C.P. 1066(b)
(1) or be forever barred from asserting a claim against the real
property described in Plaintiffs' Complaint, as specifically
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described in the deed of conveyance and quitclaim deed attached
hereto as Exhibits "E" and "F",
Respectfully submitted,
Jj~'\-~7
Dale F. Shughart, J
Supreme Court I,D, 9373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
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FAMILY AGREEMENT
I qtt.. .;efimhpR.
This Family Agreement made this~ day of ,
1996, by and among RALPH F. LAFFERTY, Trustee, of Eugene, Oregon,
RALPH F. LAFFERTY, JR., Beneficiary, of Tulsa, Oklahoma, TOBY G.
LAFFERTY, Beneficiary, of Salt Lake City, Utah, JOHN R. LAFFERTY,
Beneficiary, of Grand Junction, Colorado, and LUCILLE GILMARTIN,
Beneficiary, of Spokane, Wasnington.
WITNESSETH:
WHEREAS, on May 1, 1957, the late George W. Sumers created a
Trust for the benefit of Ralph F. Lafferty, Jr., John R.
Lafferty, Toby G. (Georgette) Lafferty and Lucille (Lafferty)
Gilmartin; and
WHEREAS, the Trust Beneficiaries are the grandchildren of
the Settlor; and
WHEREAS, the purpose of the Trust was to benefit the
grandchildren of the Settlor; and
WHEREAS, due to the minority of the grandchildren, it was
necessary to create a Trust in order to provide for their benefit
with the expectation that upon reaching majority, the Trust would
be terminated; and
WHEREAS, Ralph F. Lafferty, Trustee, was appointed to
administer the Trust assets for the benefit of the beneficiaries
due to their minority as of the date of the creation of the
Trust; and
WHEREAS, the corpus of the Trust consists of certain real
estate now titled in the name of George W. Sumers, known as
725 North Hanover Street, carlisle, Cumberland County,
Pennsylvania, as described in Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania in Deed Book "P",
Vol. 17, Page 277; and
WHEREAS, Ralph F. Lafferty,
the Trust in accordance with the
Settlor; and
Trustee, faithfully
wishes of George W.
administered
Sumers,
ex h, b,t "f} II
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WHEREAS, George W. Sumers is now deceased and his Estate has
been fully administered and distributed; and
WHEREAS, an irrevocable trust document and deed of
conveyance to the Trustee were executed and delivered almost
forty (40) years ago, but were lost, mislaid or inadvertently
destroyed; and
WHEREAS, all parties hereto agree that the purpose of the
Trust has been faithfully followed by Ralph F. Lafferty, Trustee,
and that the purpose has been fulfilled and that the continuation
of the Trust would serve no useful purpose; and
WHEREAS, Ralph F. Lafferty, Trustee, and all Beneficiaries
desire to terminate the Trust as the purpose for creation of the
Trust has been fulfilled and the continuation of the Trust serves
no meaningful purpose; and
WHEREAS, the parties hereto
transferring all Trust assets to
Beneficiaries; and
WHEREAS, the Beneficiaries all agree that the Trustee has
faithfully administered the Trust, that no Trust accounting is
necessary and that they desire to release Ralph F. Lafferty from
any further responsibility or liability in his role as Trustee;
and
desire to
the joint
terminate
ownership
the Trust by
of the four
WHEREAS, the parties hereto desire to enter into a Family
Agreement terminating the Trust, discharging the Trustee, and
transferring the Trust assets to the Beneficiaries.
NOW, THEREFORE, intending to be legally bound hereby, and in
consideration of the mutual covenants, terms and conditions
contained herein and the sum of One ($1.00) Dollar, in hand paid,
which is acknowledged herein, the parties hereto do stipulate and
agree as follows:
1. Ralph F. Lafferty, Trustee, Ralph F. Lafferty, Jr.,
Toby G. Lafferty, John R. Lafferty, and Lucille Gilmartin,
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.
Beneficiaries, constitute all parties in interest in the Trust
established by George W. Sumers.
2. All parties agree that the purpose of the Trust created
by George W. Sumers has been fulfilled and the continued
existence of the Trust serves no useful or meaningful purpose.
3. Ralph F. Lafferty, Sr., Trustee, hereby consents to the
termination of the Trust.
4. Ralph F. Lafferty, Jr., Beneficiary, hereby consents to
the termination of the Trust.
5. Toby G. Lafferty, Beneficiary, hereby consents to the
termination of the Trust.
6. John R. Lafferty, Beneficiary, hereby consents to the
termination of the Trust.
7. Lucille Gilmartin, Ben~ficiary, hereby consents to the
termination of the Trust.
8. The Beneficiaries herein, consisting of all of the
Beneficiaries of the aforesaid Trust, do hereby release and waive
all claims and rights under said Trust and release and discharge
the said Trustee, Ralph F. Lafferty, from all liability and
responsibility with reference thereto and further, hereby waive
the necessity of any accounting by the aforesaid Trustee for his
administration of the Trust.
9. The Beneficiaries of the Trust do hereby consent to the
delivery, surrender, or conveyance of all property of every kind
or nature held in Trust to the Beneficiaries in their individual
capacity as joint OWners with each other in equal shares as
tenants in common.
10. The parties hereto do hereby authorize Ralph F.
Lafferty, Jr. to petition the Court of Common Pleas of Cumberland
County, Pennsylvania for approval of the terms of this Family
Agreement, termination of the Trust, and the approval of the
conveyance of the real estate to the Beneficiaries, should such
action be reasonably required.
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STATE OF OREGON
COUNTY OF ;fcrc.......
On this, thed~'t:t.. day of September, 1996, before me, the
undersigned officer, personally appeared Ralph F. Lafferty, known
to me (or satisfactorily proven) to be the person{s) whose
name{s) is subscribed to the within instrument, and acknowledged
that he executed the same for the purposes therein contained.
~;lJ~I . 5... ' I have set my hand and official seal.
!::~~:;.~ L.'-.".r:.?:::;'..l. wri j' [SEAL]
.:;:.~?:~;' ';0..""'" P'.;,'.':;-Cr:E('.:,rJ V,C ,'-1"1/' ""^!l f ,,~
~-v Cf';.S.i:i"::I'J', M:" :}5...t;~~ U
MY C,jMMISSi.:'t. ~r:~jr.ES ~EP 1~. 21)((1
S
COUNTY OF
On this, the ,q~ day of September, 1996, before me, the
undersigned officer, personally appeared Ralph F. Lafferty, Jr.,
known to me (or satisfactorily proven) to be the person(s) whose
name{s) is subscribed to the within instrument, and acknowledged
that he executed the same for the purposes therein contained.
IN WITNENS WHERNOF, I ..va &a~n~"'Ci" ";~;'Ll
STATE OF UTAH L
COUNTY OF S/fIJI ~ 04.J...,6e,y
On this, the ~ day of 'QP~V.RV., 1996, before me, the
undersigned officer, personally appeared Toby G. Lafferty, known
to me (or satisfactorily proven) to be the person{s) whose
name{s) is subscribed to the within instrument, and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHENNOt · b"",--,\:t my .~ .nd ~1a1 ....,.
r 1i-~ W", r . - [SEAL]
~U'I AllY I'UULIC
JUDITH M. QUINN
le9 E..t 100 South
Sat :"al(l Cllt. Ulah e",'
~'y Commllllon bpI'"
F,.~ruory '. 1909
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STATE OF COLORADO
COUNTY OF
On this, the ~,n0 day of Soptember, 1996, before me, the
undersigned officer, personally appeared John R. Lafferty, known
to me (or satisfactorily proven) to be the person(s) whose
name(s) is subscribed to the within instrument, and acknowledged
that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have jet my hand an~fficial seal.
Lf 1~14'~' n/. ",~//,;~. /oA-/~f [SEAL]
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STATE OF WASHINGTON
COUNTY OF 5f:t/,1uur-e
On this, the 30~ day of September, 1996, before me, the
undersigned officer, personally appeared Lucille Gilmartin, known
to me (or satisfactorily proven) to be the person(s) whose
name ~ is subscribed to the within instrument, and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF,
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228338
LAST ~IILL AND TESTAMENT . OFF
REC. 823rc 923
OF
GEORGE W. SUMERS
.
I, GEORGE W. SUMERS, a resident of Key West, Monroe
County, Florida, bei~g of sound and disposing mind and memory,
do hereby make, publish and declare this as my Last Will and
Testament, hereby reVOking any and all Wills and Codicils by
.:me at ilny time heretofore made.
FIRST: I direct my Florida Executor to pay my funeral
expenses and just debts as soon as practicable after my death.
SECOND: I give and bequeath all of my tangible per-
sonal property and household effects of every kind, including
, '
:Ifurniture, pictures, silverware, china, jewelry, books, wearing
~:- ,I':.
. :"apparel, and furnishings of every description and nature, and
f therelloovor tho lame may bo situate, together with all policioB
..... of fire, burglary, liability, ,property damage and other insurance
,..
on or in connection with the use of said proporty, to my children
surviving mo, to be divided among them by my Executors, as equaily
as possible, having due regard for their personal preference,
'" .
:.:{iand if no child of mine shall survive me, then all of said pro-
':\:\",' perty shall become part of my residuary estate. There need be no
.,
.,~j;adjustment among my surviving children in the event that either
~ ,,' .
:.:',. child shall receive, under this Article, property of a greater
'. ,.,,',: :,value than the other child and I empower my Executors, in their
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';,',;discretion, to sell any or all of the property herein bequeathed
I ),;~:
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c'..., and to distribute the proceeds among my surviving children if they
deem it advisable to equalize the value of the respective shares.
[' 2769
THIRD: If at the time of my death, HELlO BAKER shall
be indebted to me in any amount, J:,nlil:i1illMlltl my Executors to cancel
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Ut~ 823rc 924
such debt and return to the debtor any evidence of indebtedness.
FOURTH: I direct that all the rest, residue and
remainder of my estate, real, personal and mixed, of every
. .
kind and nature and wherever situated, of which I may die seized
or possessed or to which I may be in any manner :ntitled at the
time of my death, including any lapsed legacies or devises
(with the exception, however, of the principal of the Trust
dated June 6, 1932, between me, as Donor, and Bankers Trust
,'co., an Trustee, over which I have the power of testamentary ap-
pointment, but which power I hereby elect expressly not to exer-
cise), which is herein referred to as my residuary estate, shall
be divided by my Executors into three equal shares and I give
said shares to my Trustees, hereinafter named, in trust,
to be held in separate trusts for the benefit of my son,
GEORGE W. SUMERS, JR., and my daughters, BARBARA S. LAFFERTY
and LORETTO J. SUMERS.
If my son, GEORGE, predeceases me and I am survived
by his wife; AUBIN, the share that would have been set aside
for his benefit shall be set aside, in trust, for the benefit
of my said ~aughter-in-law, AUBIN SUMERS, and in such a case
reference hereinafter to my "child" shall include said AUBIN
SUMERS.
My Trustees shall hold, manag~, invest and reinvest
the principal of said trusts and collect and receive ~he rents,
dividends and profits therefrom and after deducting all proper
/,
,.,..charges and expenses shall:
r.".2769
(al Pay the net income quarter-annually from each
,
child's trust to said .child during his or her lifetime and
in addition thereto, a child of mine at any time or from time
to time, by instrument in writing delivered to my Trustees,
.
2
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on B23rc 925
m
may withdraw any part or all of the principal of his or her
trust to the extent of Five Thousand ($5,000.00) Dollars per
year or five (5%) percent of the value of the.principal of the
trust on the last business day of the year. This right shall
.
be non-cumulative and shall be absolute without reference to any
standard.
(b) GEORGE AND/OR AUBIN SUMERS TRUST
Upon the death of my son, GEORGE, pay the net
income to his wife, AUBIN, if she survives my said son, for her
.'
-life and in addition thereto; I grant to her a like power to
withdraw principal .from the trust as provided in subparagraph
(a) hereinabove.
Upon the death of the survivor of my said son
.
and daughter-in-law, my Trustees shall ,divide the then principal
of this trust into as many equal parts or shares as there are issue,
per stirpes, of my said son then living, and I give, devise
and bequeath said parts or shares to such issue.
(c) BARBARA S. LAFFERTY TRUST
Upon the death of my daughter, BARBARA S. LAFFERTY,
my Trustees shall divide the then principal of her trust into
as many equ~l parts or' shares as there are issue, per stirpes,
of my said daughter who survive her, and I give, devise and
bequeath said parts or shares to said issue.
.
2770
(d) LORETTO J. SUMERS TRUST .
Upon the death of my daughter, LORETTO J. SUMERS,
..my Trustees shall pay over and I give, devise and bequeath
: :.80 much of the principal of this trust in such proportions,
.'
to and among such one or more of my issue and the spouses of my
issue, in further trust or otherwise, in fee or lesser estates,
as my said daughter by her Last Will and Testam~nt, duly admitted
to probate and by specific reference to this power may validly
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'~E~ 823ra 926
appoint.
Should my said daughter fail to exercise this
power of appointment, in whole or in part, then upon the death
. .
of my said daughter, so much of the said property not so validly
appointed shall be distributed and I give, devis~ and bequeath
the said property to my then living issue, per stirpes; provided,
however, if such property passes to a child or grandchild of
mine for whom a share of my estate is then being held in trust
.' '
'the part passing hereunder to such child shall not be paid over
outright but shall be added to the principal of the trust held
for his or her benefit and administered and distributed in like
manner as the fund to which it is added, both as to principal
and income.
(e) If any of my said children shall predecease me
".:
and in the case of my son, GEORGE, if he and his wife, AUBIN,
shall predecease me, the share of said deceased child shall
....
pass to such child's issue me surviving, per stirpes, and in
.'
"default of such issu~ then to my issue, per stirpes, provided,
however, that a share passing to a child of mine shall be added
to the trus~ fund created for the benefit of such child under
l.~ this my Last Will.
1(, [: 2771 FIFTH: Notwithstanding anything herein contained
';~'to contrary, if a share of my estate or pf any trust created here-
under is set aside for the benefit of a grandchild of mine who
"
,
\:'.!;',has not attained the age of forty (40) years at the time said
':'t;>
'\~share is set aside for his or her benefit, my Executors or
,Trustees shall not pay over such share outright but shall pay over
such share to my Trustees or shall hold such share in further
trust, as the case may be, for the benefit of such grandchild
(hereinafter referred to as the "beneficiary") and the trust
4
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with respect to each such part or share shall endure during the
life of the beneficiary, but shall sooner ter~inate when and
if the beneficiary shall have attained the age of forty (40)
.
.
years.
If a beneficiary shall have attained t~e age of thirty-
five (35) years or upwards at the time when a trust estate would
be set aside for his or her benefit, but not have attained the
age of forty (40) years, then at that time my Executors or Trus-
~~es shall distribute to such-beneficiary, outright and absolutely,
an amount equal to one-third (1/3) of such share.
The share allocated to each beneficiary shall consti-
tute and be administered as a separate trust, but it' shall not
be necessary that physical division of the assets be made as
to each trust. My Trustees shall hold, manage, invest and
reinvest the trust estates, and shall collect the income there-
from, and after deducting all necessary expenses incident to
the administration of the trust estates, shall apply and distri-
7 1 ~.bute the principal and income as follows:
0'Y\ 2772 (a) So long as any beneficiary is under the age
of twenty-two (22) years to invest and reinvest the share held
.
for such beneficiary and to apply so much of the net income
therefrom, and such portion of the principal of the shares held
for him as my Trustees may, in their absolute discretion, doom
proper for his maintenance, support and education, and to accumu-
,.;late any balance of said net income and add it to the principal
, periodically, at least annually; and after such beneficiary
.'
~.shall attain the age of, twenty-two (22) years to pay the entire
net income therefrom to such beneficiary or apply it for his
benefit thereafter during the continuance of the trust.
(b) To distribute to each such ~eneficiary when
.
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he or she shall havo attained 'the age of thirty-five (35)
yonrs, nn nmount oqunl to one-third (1/3) of tho than valuo
of tho principnl of the shara hold for his or hor bonofit,
. .
and the remaining principal of such share when he or sho shail
have attained the age of forty (40) years.
(c) Upon the termination of any trust, my Trustees
shall transfer, convey and pay over, and I hereby give, devise
and bequeath the principal or corpus of such trust together
"
'with any and all accumulated' income therefrom, which may remain
in their hands to the beneficiary thereof, if living, or if
such beneficiary be not then living, then to such person or
persons, and in such estates, interests and proportions,
as the beneficiary may, by a will specifically referring to
this Article of this will, appoint. If the beneficiary shall
fail to exercise, or shall not fully and effectually exercise,
. such power of appointment, my Trustees shall distribute all
property not effectually appointed to the issue of the beneficiary
him or her surviving per stirpes, or, in default thereof, to
the issue then living, per stirpes, of the beneficiary's
nearest anc~stor who was a descendant of mine and has issue
,
'then living or, in default thereof, to my issue then living,
per stirpes; provided that any property which would pass to
a person who is then entitled to the ne~ income from another
trust being held under this Article shall not pass to such
., person but instead shall be added to the principal of such
. '/'other trust.
". '
i, 2773
(d) My Trustees are authorized, at any time or times,
and from time to time, to pay to or apply for the benefit of a
beneficiary so much of the principal or corpus of such trust
(even to the point of exhausting carne) as .in the sole and absolute
discretion of my Trustees may seem necessary or desirable (after
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taking into account the income from all other sources of such
beneficiary and any property which may be owned by such person)
for the maintenance, health, support and education of such person
and for the maintenance, health, support and education of such
. ,
person's children.
To the extent of any such payment the ~rust shall
cease and terminate.
(e) Any and all income payable under any of the
provisions of this Will shall be payable as n~arly as possible
"
'at leas,t quarterly.
SIXTH: In the event any share of my estate or
any trust created hereunder shall become distributable to a minor,
my Executors or Trustees may, in their absolute discretion,
pay over such share at any time to the guardian of the property
of such minor or retain the same for such minor during minority.
Such share shall vest absolutely in such minor notwithstanding
minority, and if retained by my Executors or Trustees shall
remain in their custody as donees under a power of trust
until such minor attains the age of majority.
f 2774 In case of such retention, my EXecutors or Trustees
may apply sqch principal and the income therefrom to the health,
support, maintenance and education of such minor, either
directly or by payments to a parent or duly appointed guardian
of such minor or to any person with whom, such minor may reside,
in any case, without requiring any bond. The receipt of such
parent, guardian or other person shall be a complete discharge
of my Executors or Trustees. Any unapplied principal and income
shall be paid over to such minor upon his attaining majority,
or if such minor shall die, then to his estate. In holding
any such funds for any minor, my Executors or Trustees shall
have the powers and discretions hereinafter conferred upon them.
SEVENTH:
t direct that all legacies and devises
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and all shnres and interests in my estate, whether principnl
or income, while in the hands of my Executors.and Trustees
shall not be anticipated, alienated, or in any other manner
. .
assi~ned or transferred by the legatee, devisee or beneficiary
and such interests shall be for the sole and seR~rate use of the
legatees, devisees and beneficiaries, and shall be free and exempt
from anticipation, execution, assignment, pledge, attachment,
distress for rent, and other legal or equitable process which
.'
'may be 'instituted by and on behalf of any creditor or assignee
of such legatee, devisee or beneficiary, or his or her spouse.
EIGHTH: If any portion of my estate is in any contin-
gency capable of being held in trust for a longe~ per~od than
is permitted by the laws of the State of New York, or if in such
contingency the vesting of any interest hereunder may occur
after the expiration of such permissive period, then upon the
happening of any such contingency such portion of my estate
shall not be held in further trust, but shall rather be paid
over absolutely to the person or persons to whom, and in the
proportions in which the income therefrom was then payable.
2775 NINTH: I direct that all estate, inheritance,
transfer, succession and other death taxes or duties of any nature
(including any interest and penalties thereon) imposed by any juris-
diction whatsoever by reason of my death upon or in relation
to any property includible in my estate for the purposes of
,.any such taxes or duties, whether such property passes under
the provisions of this Will or outside the provisions of
this Will, shall, be paid out of my residuary estate, and such
payment shall be made as an expense of administration and with-
out apportionment.
TENTH: Subdivision A: The term "Florida assets"
.
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whenever used in this my Will shall be deemed .t.o include only
any real property and tangible personal prope~ty situated in Florida,
bank accounts with banks situated in Florida, and cash, notes,
. .
securities, or other intangible personal property the physical
.
evidences of,which shall at the time of my deat~.be actually
situated in Florida. The term "Florida assets" shall not be
deemed to include any of my other assets such as (but not limited
to) bank accounts with' banks situated outside Florida, cash,
.notes, .securi ties the physical evidences of which shall at the
time of my death be actually situated outside of Florida (even
though such notes and securities may include stocks or obligations
of Florida corporations or residents) or real proper~y or tangi-
ble personal property physically situated outside of Florida
at the time of my death.
Subdivision B: I nominate, constitute and
appoint my daughter, LORETTO J. SUMERS, to act as Executor of
my Florida assets. In the event that my said daughter, for any
reason, shall fail to qualify or cease to act as Executor of my
Florida assets, then I nominate and appoint my son, GEORGE
w. SUMERS, qR., and my daughter, BARBARA S. LAFFERTY, as alter-
nate or successor Executors in' her place and stead.
f 2776 I direct that no bond or other security shall be required
of any Florida Executor nominated or ap~ointed in accordance
with the provisions of this my Will to secure the faithful per-
" formance of his or her duties hereunder.
", .
I authorize and direct my Florida Executor to offer
,my will for initial probate in Florida and to secure letters
thereundorl to demand, collect and fully administer all oJ: my
Florida assetsl to distribute to the legatees and devisees
thereof any of the assets disposed of under Article SECOND hereof
.
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BARBARA S. LAFFERTY, as alternates or successor Executors in her
place and stead.
I authorize and direct my Executors to offer my Will
. .
for probate in New York and to secure letters thereunder; to the
extent legally permissible, to demand, collect a~d fully admini-
ster all of the assets of my estate (whether real or personal,
tangible or intangible) which (or the physical evidences of
which) shall be situated in any jurisdiction other than Florida
.'
~r New ~ork without instituting probate proceedings therein;
and, to offer my Will for probate or record in any such jurisdiction
where it shall be necessary for the collection and administration
of my assets and to secure letters thereunder.
I further authorize and direct my Executors to pay all
just claims that may be presented to them and all expenses
in connection with the administration of my assets; to distri-
bute to the legatees and devisees thereof any of my assets dis-
posed of under Article SECOND hereof; to prepare and file all
tax returns .and to supervise the taking of all tax proceedings
in my estate; to pay all Federal estate and income taxes, and all
taxes justly, imposed by any other Government, State of the
United States or any political subdivision thereof, and other
just claims and administration expenses in connection with
the administration of my estate to the extent that they are
not payable out of the assets held by my Florida Executor pur-
suant to the foregoing provisions of this my Will; and to dis-
tribute the balance to my Trustees, hereinafter named, in accord-
ance with the provisions of this my Will.
t 2778
I direct that no bond or other security shall be
required in any jurisdiction of any Executor nominated or appointed
in accordance with the provisions of this my Will to secure
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the faithful performance of his, her or its duties hereunder.
Subdivision 0: I havG provided for the
collection and distribution of my assets in this manner in
the interest of convenience and efficiency of administration,
. ,
as the major portion of my assets have been and will be situated
outside the State of Florida at my death.
ELEVENTH: I nominate, constitute and appoint my daugh-
ter, LORETTO J. SUMERS, and BANKERS TRUST COMPANY, a corporation
existing under the laws of the State of New York, as Trustees
.'
'of any'trust created under this my Will.
In the event my said daughter, LORETTO J. SUMERS,
for any reason shall fail to qualify or cease to act as Trustee
hereunder, I appoint my son, GEORGE W. SU~mRS, JR., and my daugh-
ter, BARDARA S. LAFFERTY, as alternates or succeBsor Trustees
in her place and stead.
I direct that no bond or other security shall be required
of any Trustee acting under this my Will to secure th~ faithful
w
performance of his, her or its duties hereunder.
"
TWELFTH: I hereby declare and direct that, to the
extent legally permissible, (1) the administration and disposition
of my asset~ by my Executors under this my Will and (2) the validity,
construction and administration of any trust created under this
my Will, shall be regulated by the laws of the State of New
York from time to time existing.
2779
THIRTEENTH: I anticipate that my estate will include
certain interests in real estate including leasehold interests
as well as real interests in mineral producing properties, to
which I have devoted much efforts in my lifetime. I, therefore,
authorize and request but do not direct that my Executors and
Trustees, retain for 50 long as may be feasible and practicable,
without liability for 50 doing, my interest in real property
.
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located in Glenwood Springs, Colorado (presently under lease
to a Safeway supermarket) and my interests in coal producing
properties.
FOURTEENTH: . (a) In order to insure that a portion
of the income received by the beneficiaries of the trusts created
hereunder is t~ free, I authorize and request that my Trustees
invest, without liability for so doing, approximately fifty
(50%) percent of the securities portfolio of any trus~ created
hereunder, in instruments, the income from which is exempt from
.
..
Federal income tax, so long as such exemption continues in existence.
(b) I direct that the balance of the securities port-
folio of any such trus~ be invested in bonds or debt instruments
which have been rated grade "A" or better.
(c) I have had a long and satisfactory relationship
with the firm of R. F. LAFFERTY & CO. and I request that
my Executors and Trustees, where applicable, negotiate all
,!0
security transactions affecting my estate or any trust created
hereunder with said firm or any successor company.
2780
FIFTEENTH: I direct that for purposes of computing
the statutory commissions payable to my Executors there shall
,
be included as estate assets subject to such commissions all
business real estate interests owned by me at the time of my
death (even if such interests are not sold by them) but shall not
include real property owned by me and maintained as a personal
residence. I further direct that my Trustees shall be entitled
to full principal commissions computed at the New York statutory
rates on the value of my equity in all such real estate admini-
stered by them, excepting, however, that as to those properties
under lease to SAFEWAY STORES, my Executors and Trustees shall
not be entitled to any additional statutbry commission to w~ich
13
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a fiduciary may be entitled on account of gross rents collected.
SIXTEENTH: My Executors, my Florida Executor and
my Trustees, trom time to time acting hereunder shall have
.
the fOllowing powers and discretions in addition to those con-
ferred by law and regardless in every case of any restrictions
otherwise imposed by law:
(a) To retain for any length of time any property
owned by me without regard to diversification and without lia-
.'
bility 'for any decline in value, and although such property may
not be of the type authorized by law for trust investments.
(b) To sell at public or private sale, exchange or other-
wise dispose of any personal property at any tim~ held by them,
except property which is effectively specifically bequeathed
hereunder.
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(c) To sell at public or private sale, lease for any
,term, exchange, improve or partition any real estate, except as
to the sale of real property which I have hereinabove directed
them to specifically retain.
2781 (d) To borrow money for any purpose tho Executors or
Trustees deem advisable in the administration of my estate or of
any trust hereunder, upon such terms as the Executors or Trustees
may deem suitable, and, for the purpose of securing any loan,
".
to pledge or mortgage any real or person~l property at any time
held hereunder. Any such borrowing may be from any corporate
or individual Executor or Trustee hereunder. No person or corpora-
.,
. .:tion lending money to the Executors or Trustees shall be obligated
.to inquire into the necessity or propriety of such borrowing
or to see to the application of the proceeds of such loan.
(e) To exercise options and s~bscription rights
and to make any payments required therefor.
(f) To vote in person or by proxy and to delegate
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823rc 937
discretionary powers in connection therewith.
(g) To consent to or otherwise participate in, or
to oppose, meFgers, consolidations, reorganizations or other
.
changes affecting any securities at any time held, and to dele-
gate discretionary powers and to pay assessments..or other charges
in connection therewith.
(h) To exercise all rights at any time held by them
or accruing to them through the ownership of any securities or
.'
'other property hereunder.
(i) To retain for any length of time any property
acquired in the exercise of the foregoing powers.
(j) To prosecute or defend, and to compromise, settle
or otherwise adjust, any claims held by or asserted against
my estate or any trust hereunder.
(k) To hold the securities or other property of my
estate or of any trust fund in their own name individually,
in the name of their nominee, or unregistered or in such other
7 ,Il
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form that title shall pass by delivery.
(1) To make any division or distribution hereunder
wholly or partially in kind, and for that purpose to allot
specific securities or other property, or undivided interests
therein, to any person, share or trust fundI to allocate any
securities to any share of my residuary estate without allocat-
ing the same securities to any other share of my residuary
estate I and to make such allocations on the basis of fair value
at the time of division or distribution.
2782 (m) To do all such acts, take all such proceedings
and exercise all such rights and privileges, although not here-
inbefore specifically mentioned, with re~pect to any ~uch pro-
perty, as if the absolute owner thereof and in connection there-
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Trustees:
LORETTO J. SOMERS;
BANKERS TRUST COMPANY; and
WHEREAS, said George W. Sumers died a resident of the
State of Florida on October 25, 1980 and his Last will bearing
date October 24, 1978 was ordered admitted to probate by the
Circuit Court for Monroe County, Florida, and said Court
appointed Loretto J. Sumers as Personal Representative of the
Estate of George Sumers; and
WHEREAS, said Last will was subsequently duly admitted
to probate by decree of the Surrogate's Court of New York County
dated the 12th day of March, 1981, which decree directed the
issuance of letters testamentary and on March 16, 1981 said
Court authorized Loretto J. Sumers and Bankers Trust Company to
administer the estate of said decedent subject to the
jurisdiction of and supervision of said Court; and
WHEREAS, by order dated March 16, 1981, Loretto J.
Sumers and Bankers Trust Company were granted letters of
trusteeship which authorized them to administer the trusts
created under decedent's said will; and
WHEREAS, said Executors duly qualified and are
presently acting as such; and
WHEREAS, the Class A Beneficiaries are decedent's
2
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surviving children each having a one-third (1/3) interest, in
trust, tor their lives in the residuary estate of said decedent
and AUbin Sumers, wife of George W. Sumers Jr., will succeed to
his said interest were she to survive him, and the Class B
Beneficiaries are decedent's grandchildren having remainder
interests in said residuary trusts (all of said beneficiaries
hereinafter collectively referred to as the "beneficiaries");
and
WHEREAS, all known debts, funeral expenses, estate
taxes, income taxes and administration expenses have been fully
paid, other than the proper charge to principal of the balance
of executor's commissions due Bankers Trust Company (Loretto J.
Sumers having waived the right to claim commissions), the unpaid
balance of legal fees and the expenses of the Account of the
Executors; and
WHEREAS, the beneficiaries have received or have had
access to the Executor's Account of Proceedings covering the
period from October 25, 1980 (date of death of decedent) through
February 19, 1986 and the Executor's Supplemental Account for
the period from February 19, 1986 through February 25, 1988; and
WHEREAS, the parties hereto desire to settle their
interests in this estate by way of Receipt and Release in lieu
of a formal judicial accounting;
3
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NOW, THEREFORE, in consideration of the payments to the
parties having a present interest, the receipt whereof they
severally acknowledge, and also in consideration of a mutual
agreement by all of the parties to waive a formal judicial
accounting and the mutual benefits gained by the performance
thereof, it is acknowledged and agreed as follows:
1. Annexed hereto and made part hereof are the
aforementioned Account of proceedings and supplement thereto
covering the period, inclusive, from October 25, 1980 (date of
death) to February 25, 1988, showing a principal Balance on Hand
as shown by Schedule "e" of $175,617.57, and Balance of
Undistributed Income remaining on hand shown by Schedule "G-1"
of $10,000.06.
All beneficiaries acknowledge that they have examined
said Account of Proceedings and Supplement thereto and hereby
ratify, confirm and approve same in the manner and form as set
forth and hereby accept the same as an account stated, final and
conclusive, to and including the periods covered subject to the
payment of the balance of executor's commissions and legal fees
as set forth in said Accounts.
2. The Trustees and the Class A Beneficiaries hereby
acknowledge receipt of the amounts shown as distributions or
payments made to them in said Account of Proceedings.
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3. It is hereby acknowledged and agreed to that unpaid
administration expenses will be paid and final distribution
shall be made without a formal jUdicial accounting and that said
acts shall occur prior to the expiration of the statute of
limitations with respect to certain fiduciary income tax returns
and prior to the resolution of certain claims made on behalf of
the estate. All parties agree that in the event the
distributions made and to be made exceed the share to which the
distributees are entitled under the terms of decedent's will,
each of the distributees will, on written demand, pay over to
the Executors such excess and agree to indemnify and hold the
Executors harmless for any liability by reason of such excess
distribution.
4. Upon payment over of the aforementioned balances on
hand, subject to unpaid administration expenses, and the receipt
thereof, all of the parties hereto forever discharge and release
Loretto J. Sumers and Bankers Trust Company, as Executors of the
Estate of George W. Sumers, from any and every claim, demand,
cause of action whatsoever, in law or in equity, on account of
any matter or thing related to or connected with said estate and
embraced in the aforesaid Account of Proceedings.
5. This Release and Receipt may be executed in
counterparts and when taken together shall constitute and be one
5
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. .
.
.
... ,-.
STATE OF OKLAHOMA )
)SS. :
COUNTY OF )
On this
, 1988, before me
day of
personally came LORETTO J. SUHERS, to me known to be the
individual described in and who executed the foregoing
instrument and she duly acknowledged to me that she executed the
same.
M.,C"'-'ls.r,'~" ",-,,,,.J~.J ,;)-Zft."1~ -r......J. ,? \-J\?
Notary Public
A\C - 7 "
000223
--.,
'''~r'' .'
, ,
I' I'
F , L" ui)
3liast Ifill nub mestallttttt JUN 14 ,
DON r. AUSTIN cou
STArE OF OIU.A. 'TU~ CURK
P-9 1-549 NIV
OF
LORETTO J. SUHERS
I, LORETTO J. SUHERS of Tulsa, Oklahoma, do publish and
,
declare this to be my LAST WILL AND TESTAMENT, hereby revoking
...all. Wills and Cod~cJl~. at any time heretofore made by me.
I declare that'l am a single person and I have no children
living ,or deceased, natu~al or adopted.
ARTICLE I
I direct that all of my legal debts, including the expenses
of my last illness and funeral, and expense!! of the
administration of my estate shall be paid as soon as practicable
after my death.
I direct that estate, inheritance, succession
and transfer taxes imposed by law with respect to all property
(including insurance on my life and property to. which I have a
power of appointment) taxable by reason of my death, wheth'~r or
no.t such property passes ~nd~r this Will, shall b~ paid ~u la~ aa
possible out of
the residue of' my probate estate without
reimbursement from any person.
.JU\TICLE I I
I hereby specifically exercise the power of appointment
granted to me under the terms of the Last Will and Testament of
George W. Sumers regarding property and rights in the Loretto J.
Sumers Trust; I make the following specific bequest of the
~
~ described Loretto J. Sumers Trust, vested or conting~nt, as
c
~ follows: I give, devise and bequeath all income of the rJlFctte ~
B ~ ~
~~.~" .,..~. Sumers Trust to my sister, Barbara S. Lafferty, during her
t :S'<'
I. ~ natural life and upon her death I give the remaining interest in
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the Loretto J. Sumers Trust to the following-named grandchildren
of George and Loretto Sumers, per stirpes, in equal shares:
ADMITTED 70 PROBAtE
"'~Q ~
eX A ,'b I +- "<0 ./. . :: .Al;;:)'J~'t::'L
(Judge)
, ,
Loretto 5umers Vaughn
Christopher W. Burners
George W. 5umers III
R. Sprague 5urners
Barbara A. Schaaf
Toby Lafferty
John R. Lafferty
Lucille 5. Gilmartin
Paul G. Lafferty
Robert S. Lafferty
Ralph F. Lafferty, Jr.
..
If any of the ftbove~named, or their heirs per stirpes, shall
,..",,,;. . be a' minor at the. time of Barbara 5. Lafferty's death, I
authorize the Trustee of the Loretto J. 5umers Trust, in his or
her discretion, to retain such share for such minor during the
minority of such child, or to deliver all ox:; any part of such
share in kind to the guardian of the property of such minor, or
to the person with whom such minor may reside, in any case,
without requiring any bond.
. ARTICLE III
I give, devise and bequeath all the rest, residue and
remainder of my estate of every kind, character and description
of which I shall die possessed and wheresoever situated,
including lapsed and failed bequests and devises to my sister,
Barbara s. Lafferty of Tucson, Arizona. In the event my sister,
Barbara S. Lafferty shall have predeceased me, this bequest shall
lapse and in that event I give, devise and bequest all the rest,
residue and remainder of my estate' unto my nephew, Ralph F.
Lafferty, Jr.
ARTICLE IV
,
I appoint my nephew, Ralph F. Lafferty, Jr. as Executor of
this, my Last Will and Testament, and direct that my Executor
shall not be required to file any bond or other security for the
faithful performance of his duties as such fiduciary; in the
event my nephew shall predecease me, or shall fail, refuse or be
unable to act, I hereby appoint and designate Barbara S. Lafferty
Executrix of this my Last Will and Testament, and to serve
without bond.
2
"
.\to - /
/"
I' . I
ARTICLB V
I hereby authorize and empower my Executor to sell and
contract for sale at either public or private sale, upon such
terms and conditions as my Executor shall deem proper, any
property belonging to my estate, real, personal or mixed, to
lease for any term or ft'r any purpose, including oil, gas or
"
other mining operations, any property belonging to my estate to
~~~ '-exercise in his sole discretion all'elections orovided by law as
. .
to whether to claim' items either as income tax deductions or as
death tax deductions; and otherwise to manage and contract with
respect to any property belonging to my estate in the same manner
and to the same extent as I could do if living insofar as
permitted bylaw, provided that all power and authority &xercised
by my Executor during the probate administration of my estate,
shall be under the general supervision and control of the court
having jurisdiction of the settlement of my estate to the extent
. and in the manner provided by law.
ARTICLB VI
Should any of the provisions of this instrument for any
reason whatsoever fail or be declared invalid by final judgment
or decree in any court of compe~ent jurisdiction, such failure or
invalidity shall not defeat or impair any of the remaining
provisions herein contained but this 'Will shall be construed as
if such provision or provisions so failing and so declarirg w~re
not herein included.
IN WITNESS WHEREOF, I, LORETTO J. SUMERS, have, to this my
Last Will and Testament consisting of four (4) sheets of paper,
subscribed my name this ~day of May, ~991.
'. ~~..... .r
LORETTe J. SU R
dMdL, :1 J.~/
LORBTTe J f SUMERS, NAME WRITTEN
BY WITNESS TO MARK
SUBSCRIBED by LORETTO J. SUMERS, in the presence of each of
us, the undersigned, and at the same time declared by her Last
Will and Test~ent, and we thereupon, at the request of LORETTO
J. SUMEas..---rI\ her presence and in the presence of each other,
3
h 0 -;("
.'
. '
sign our names hereto as witnesses this ~day of May, 1991, at
Tulsa, Oklahoma.
, Name
~~t?71~~
MIl tha Vernon
~n~!~
ADDRESS
~tn~~~/.;j7
:ft:," ~. ,;;~
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STATE OF OKLAH9MA
COUNTY OF TULSA
) ..
) ss.,
)
Before me, the undersigned authority, on this day personally
appeared LORETTO 'J. SUMERS, Martha Vernon, and Margie Lynn
Dover, to me known to be the Testator and the Witnesses,
respectively, whose names are subscribed to the annexed or
foregoing instrument in their respective capacities, and all of
said persons being by me first duly sworn, said LORETTa J.
.sUMERS, .declared to me and to the said Witnesses in my presence
that said instrument is her Last Will and Testament, and that she
had willingly made and executed it as her free and voluntary act
and deed for the purposes therein expressed: and the said
witnesses, each on his oath, stated to me in the presence and
hearing of the said Testator, that the said Testator had declared
to them that said instrument is her Last Will and Testament, and
she executed same as such and wanted each of them to sign it as a
witness: and upon their oaths each witness stated further that
they did sign the same as witnesses in the esence of the said
Testator and at her request and that said tator was at that
, time eighteen years of age or over and w 'Of: n mind.
......
LORBTTO J SUMERS,
BY WIT~ESS TO~
/na.u.'"k ~
tness Martha Vernon
Lynn Dover
STATE OF OKLAHOMA
COUMTY OF TULSA
)
) ss.
)
IAlhBefore me, a notary public in and for said State, on this
~ day of May, 1991, personally appeared Loretto J. Sumers, to
me known to be the identical person who executed the within and
foregoing instrument by her mark in my presence and in the
presence of Martha Vernon and Margie Lynn Dover as witnesses, and
acknowledged to me that she executed the same as her free and
voluntary act and deed for the uses and purposes therein set
forth.
'~.r ...."'It
The name of Lo!etto J. Sumers was signed by Martha Vernon
in her presence and at her request mark made by her. '
In ~itness whereof, I
seal the d3y and year last
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1;~MIlE:1l"ND COUtlTY -/'1.
'97 JAI~ J 5 PM 2 26
Tax Parcel No. 29-20-1800-011
THIS INDENTURE
THIS DEED, MADE THIS3r~y of December in the year of our
Lord one thousand nine hundred ninety-six (1996),
BETWEEN RALPH F. LAFFERTY, of Eugene, Oregon, Trustee
irrevocable Trust Agreement of George W. Sumers, party
first part,
of the
of the
Grantor.
AND RALPH F. LAFFERTY, JR., of Tulsa, Oklahoma, TOBY G.
LAFFERTY, of Salt Lake City, Utah, JOHN R. LAFFERTY, of Grand
Junction, Colorado, and LUCILLE GILMARTIN, of Spokane,
Washington, as equal tenants in common, parties of the second
part, Grantees:
WHEREAS, the said George W. Sumers became in his lifetime
seized, in fee, of and in a certain tract of land, together with
the improvements thereon erected, situate partly in North
Middleton Township and partly in the Borough of Carlisle,
Cumberland County, Pennsylvania, and more particularly described
hereafter; and
WHEREAS, the said George W. Sumers, with the joinder of his,
Loretta M. Sumers, granted and conveyed the premises to Ralph F.
Lafferty, as Trustee, for the benefit of Ralph F. Lafferty, Jr.,
Toby G. (Georgette) Lafferty, John R. Lafferty and Lucille
Lafferty (now Gilmartin), grandchildren of George W. Sumers,
pursuant to an irrevocable Trust Agreement dated May 1, 1957; and
WHEREAS, from May 1, 1957 until September 19, 1996, Ralph F.
Lafferty, True~ee, administered the real ~8tate as Tru~tee, on
behalf of the beneficiaries; and
WHEREAS. pursuant to the provisions of the Trust Agreement
of May 1, 1957 and by a Family Agreement dated September 19,
1996, the Trust was terminated and the Trust assets were
distributed in joint ownership to the four beneficiaries, parties
of the second part; and
WHEREAS, the original irrevocable Trust Agreement and the
Deed of conveyance to Ralph F. Lafferty, as Trustee, were lost,
mislaid or inadvertently destroyed, but record title to the
premises has vested in the four beneficiaries by virtue of a
Quitclaim Deed from Bankers Trust Company, surviving Executor of
the Estate of George W. Sumers, deceased, dated November 19 1996
and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 10 10, Page
foOK 152 PACE
44 Ex-h'{ bIt /IC"
NOW THIS INDENTURE WITNESSETH, that the said Grantor, for
and in consideration of the sum of One ($1.00) Dollar, to him in
hand paid by the said Grantees at or before the sealing and
delivering hereof, receipt whereof is hereby acknowledged, has
granted, bargained, sold, aligned, released and confirmed, and by
these presents does grant, bargain, sell, alien, release and
confirm unto the said Grantees, their heirs and assigns, as equal
tenants in common.
ALL THAT CERTAIN lot or piece of ground, with the buildings and
improvements thereon erected, SITUATE PARTLY IN NORTH MIDDLETON
TOWNSHIP AND PARTLY IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, and described according to a surveyor plan
thereof made by D. P. Rafiensperg"r, Registered Surveyor of
Lemoyne, Pennsylvania, on November 23, 1956, as follows:
BEGINNING at a pipe on the South side of North Hanover Street,
thence by the South side of North Hanover Street, North
62 degrees 14 minutes East 300 feet to a stake at land now or
formerly of the William M. Henderson Estate; thence by a fence
line along the land now or formerly of the William M. Henderson
Estate, South 18 degrees 46 minutes East 330 feet to a point on
the wall along the west bank of the LeTort Spring; thence along
said wall South 26 degrees 52 minutes East 66.55 feet to a point
on said wall; thence along land now or formerly of Lyman G.
Hertzler, South 80 degrees West 410 feet to an iron pin; thence
along a 40 feet wide private driveway North 34 degrees 23 minutes
West 50 feet to an iron pin; thence along other land now or
formerly of Lyman G. Hertzler North 63 degrees 10 minutes East
168.2 feet to a stake; thence along the same North 17 degrees 46
minutes West 195.4 feet to a pipe on the south side of North
Hanover Street, the point and place of beginning.
TOGETHER with the free and uninterrupted use, liberty and
privilege in, on and along a certain private driveway of 40 feet
in width extending out of and from Henderson Avenue in said
Borough of Carlisle, aloIlg the weat side of ~he above described
tract of land, to North East Street, in said Borough, with free
ingress, egress and regress to and for the said Grantees, their
heirs and assigns, their tenants and under tenants, invitees,
occupiers or possessors of the above described tract of land, at
all times and seasons forever hereafter, unto, along, upon and
out of said private driveway, free from any gates, fences or
other obstructions whatsoever, in common with Lyman G. Hertzler,
his heirs and assigns, as set forth in the public record, and any
other owners, invitees, occupiers, or possessors of tracts of
land contiguous to and abutting on said private driveway, their
heirs, personal representatives, successors and assigns.
SUBJECT, NEVERTHELESS, to the equal one-quarter part of all
necessary charges and expenses which shall from time to time
accrue in paving, repairing, maintaining and cleaning the said
40 feet wide private driveway, and the remaining three-quarters
part of all necessary charges and expenses which shall from time
BOOK 152 PACE 45
\\~ _/ II
to time accrue in paving, repa~r~ng, maintaining and cleaning the
same, shall be borne by the owners of the other properties
abutting thereon.
The above 40 feet wide private driveway is particularly shown on
a Plan prepared by T. O. Bietsch from a survey made by him in
January, 1955.
BEING the same premises which George W. Sumers, in his own right,
and Loretta M. Sumers, his wife, by deed dated May 1, 1957
granted and conveyed unto Ralph F. Lafferty, Trustee. The
original deed of conveyance was lost, mislaid or inadvertently
destroyed.
TOGETHER with all and singular the buildings and improvements,
ways, streets, alleys, passages, waters, water-courses, rights,
liberties, privileges, hereditaments and appurtenances,
whatsoever unto the hereby granted premises belonging, or in any
wise appertaining, and the reversions and remainders, rents,
issues and profits thereof; and all the estate, right, title,
interest, property, claim and demand of it, the said Grantor, as
well at law as in equity, of, in and to the same.
TO HAVE AND TO HOLD the said tract of land above described, with
the buildings and improvements thereon erected, hereditaments and
premises hereby granted or mentioned, and intended so to be, with
the appurtenances, unto the said Grantees, their heirs and
assigns, to and for the only proper use and behoof of the said
Grantees, their heirs and assigns, forever.
AND the said Grantor, for himself and his heirs, executors and
administrators does for his own acts only, covenant, promise and
agree to and with the said Grantees, their heirs and assigns,
that he, the said Grantor, has not heretofore done or committed
any act, matter or thing whereby the premises hereby granted, or
any part thereof, is, are, shall or may be impeached, charged or
encumbered in title, charge, estate or otherwise howsoever.
IN WITNESS WHEREOF, the party of the first part has hereunto
set his hand and seal, the date and year first above written.
SIGNED, SEALED and DELIVERED
[SEAL]
800K 152 PACE 46
tIE-d.!!
..
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_";~';":I:::' Or D!:t'DS
I ,:!.'\ ~ ii~'':;IO COUllH. j'A
'96 DE~ 3 p\,\ Z OS
~
l'
Tax Parcel No. 29-20-1800-011
QUITCLAIM DEED
THIS DEED, MADE THIS \<\~day Of~\lww..G~ in the year of
our Lord one thousand nine hundred ninety-six (1996),
BETWEEN BANKERS TRUST COMPANY, a banking corporation organized
and existing under the laws of the State of New York, surviving
Executor of the Estate cf George W. Sumers, deceased, party of
the first part,
AND RALPH F. LAFFERTY, JR., of Tulsa, Oklahoma, TOBY G.
LAFFERTY, of Salt Lake City, Utah, JOHN R. LAFFERTY, of Grand
Junction, Colorado, and LUCILLE GILMARTIN, of Spokane,
Washington, as equal tenants in common, parties of the second
part,
WHEREAS, George W. Sumers died on October 25, 1980 (his
wife, Loretta M. Sumers, having predeceased him) leaving a Will
dated the 24th day of October, 1978 and probated in the Circuit
Court for Monroe County, Florida, and the Surrogate's Court of
New York County, New York, which Decrees directed issuance of
Letters Testamentary to Loretto J. Sumers (daughter of George W,
Sumers) and Bankers Trust Company in proceedings docketed to file
No. 774/1981 in the Surrogate's Court of New York County, New
York State; and
WHEREAS, the said Executors duly administered the Estate of
George W. Sumers, deceased, and settled the said Estate by
Agreement of Release and Receipt which was duly filed in the
Surrogate's Court, New York County, New York on March 15, 1989;
and
WHEREAS. Loretto J. Sumers is now deceased, leaving Bankers
Trust Company as sole surviving Executor; and
WHEREAS. during his lifetime George W. Sumers acquired a
parcel of land situate partly in North Middleton Township and
partly in the Borough of Carlisle, Cumberland County,
Pennsylvania by deed dated January 14, 1957 and recorded in the
Office of the Recorder of Deeds in and for Cumberland County in
Deed Book "P", Vol. 17, Page 277; and
WHEREAS, by Irrevocable Trust Agreement and Deed dated
May 1, 1957 George W. Sumers created a Trust for the benefit of
his grandchildren, Ralph F. Lafferty, Jr., Toby G. (Georgette)
aOOK 149 fAcr1145
eXht bit "f"
. , .'
Lafferty, John R. Lafferty and Lucille Lafferty, now Gilmartin
and granted and conveyed the above mentioned real property in
Cumberland County, Pennsylvania to Ralph F. Lafferty, as Trustee;
and
WHEREAS, the premises in question were leased to American
Stores Company pursuant to written Lease Agreement dated
January 14, 1957, and the rights of George W. Sumers and
Loretta M. Sumers were assigned to Ralph F. Lafferty, as Trustee,
on May 1, 1957; and
WHEREAS, the said George W. Sumers filed a United States
Gift Tax Return for calendar year 1957 duly reporting the
transfer of the aforesaid real property into Trust for the
benefit of his four grandchildren aforesaid; and
WHEREAS, from May 1, 1957 until September 19, 1996, Ralph F.
Lafferty, Trustee, administered the real property as Trustee, on
behalf of the beneficiaries, his four children aforesaid; and
WHEREAS, during the administration of the Estate of
George W. Sumers by his Executors, the existence of the aforesaid
inter vivos Trust was known by all concerned and the real
property aforesaid was not an asset of the Estate of George W.
Sumers; and
WHEREAS, by Family Agreement dated September 19, 1996,
Ralph F. Lafferty, the inter vivos Trust of May 1, 1957 was
terminated and the Trust assets distributed to the joint
ownership of the four beneficiaries, the parties of the second
part; and
WHEREAS, the said Ralph F. Lafferty, Ralph F. Lafferty, Jr.,
Toby G. Lafferty, John R. Lafferty and Lucille Gilmartin have
advised Bankers Trust Company that the original documents
creating the Trust and the deed of conveyance to Ralph L.
Lafferty, as Trustee. were lost, mislaid or inadvertently
destroyed, and that the public records in the Office of the
Recorder of Deeds in and for Cumberland County currently reflect
George W. Sumers as the owner of the premises; and
WHEREAS, Bankers Trust Company, surviving Executor, agrees
that the Estate of George W. Sumers never had nor currently has
any right, title or interest in the aforesaid real property, for
the reasons above stated.
NOW, WITNESSETH, that in consideration of the sum of One
($1.00) Dollar, in hand paid, the receipt whereof is hereby
acknowledged, the said party of the first part does hereby
release and quitclaim to the said parties of the second part,
their heirs and assigns, as equal tenants in common.
flOOr. 149 fACE1146
f "
It ' I
, .
ALL THAT CERTAIN lot or piece of ground, with the buildings and
improvements thereon erected, SITUATE PARTLY IN NORTH MIDDLETON
TOWNSHIP AND PARTLY IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, and described according to a surveyor plan
thereof made by D. P. Raffensperger, Registered Surveyor of
Lemoyne, Pennsylvania, on November 23, 1956, as follows:
BEGINNING at a pipe on the South side of North Hanover Street,
thence by the South side of North Hanover Street, North
62 degrees 14 minutes East 300 feet to a stake at land now or
formerly of the William M. Henderson Estate; thence by a fence
line along the land now or formerly of the William M. Henderson
Estate, South 18 degrees 46 minutes East 330 feet to a point on
the wall along the west bank of the LeTort Spring; thence along
said wall South 26 degrees 52 minutes East 66.55 feet to a point
on said wall; thence along land now or formerly of Lyman G.
Hertzler, South 80 degrees West 410 feet to an iron pin; thence
along a 40 feet wide private driveway North 34 degrees 23 minutes
West 50 feet to an iron pin; thence along other land now or
formerly of Lyman G. Hertzler North 63 degrees 10 minutes East
168.2 feet to a stake; thence along the same North 17 degrees 46
minutes West 195.4 feet to a pipe on the south side of North
Hanover Street, the point and place of beginning.
TOGETHER with the free and uninterrupted use, liberty and
privilege in, on and along a certain private driveway of 40 feet
in width extending out of and from Henderson Avenue in said
Borough of Carlisle, along the west side of the above described
tract of land, to North East Street, in said Borough, with free
ingress, egress and regress to and for the said Grantees, their
heirs and assigns, their tenants and under tenants, invitees,
occupiers or possessors of the above described tract of land, at
all times and seasons forever hereafter, unto, along, upon and
out of said private driveway, free from any gates, fences or
other obstructions whatsoever, in common with Lyman G. Hertzler,
his heirs and assigns, as set forth in the public record, anc any
other owners, invitees, occupiers, or possessors of tracts of
land contiguous to and abutting on said private driveway, their
heirs, personal representatives, successors and assigns,
SUBJECT, NEVERTHELESS, to the equal one-quarter part of all
necessary charges and expenses which shall from time to time
accrue in paving, repairing, maintaining and cleaning the said
40 feet wide private driveway, and the remaining three-quarters
part of all necessary charges and expenses which shall from time
to time accrue in paving, repairing, maintaining and cleaning the
same, shall be borne by the owners of the other properties
abutting thereon.
bOOK 149 PACE1147
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RALPH F. LAFFERTY, JR.,
TOBY G. LAFFERTY, JOHN R.
LAFFERTY, and LUCILLE GILMARTIN, :
Plaintiffs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97 - 943 CIVIL TERM
vs.
AUBIN STEIGMAN, BARBARA S.
LAFFERTY, GEORGE W. SUMERS, III
R. SPRAGUE SUMERS,
CHRISTOPHER W. SUMERS,
LORETTA A. SUMERS, ROBERT S.
LAFFERTY, PAUL G. LAFFERTY and
BARBARA A. LAFFERTY,
Defendants
QUIET TITLE ACTION
MOTION POR ORDER OP COURT PURSUANT TO
PA R,'C,P, 1066 (b) (1)
AND NOW, come the Plaintiffs, Ralph F. Lafferty, Jr"
Toby G. Lafferty, John R. Lafferty, and Lucille Gilmartin, by
their attorney, Dale F. Shughart, Jr. and make the following
motion:
1. Plaintiffs are Ralph F. Lafferty, Jr., Toby G. Lafferty,
John R. Lafferty, and Lucille Gilmartin.
2. The Defendants are Aubin Steigman, Barbara S. Lafferty,
George W. Sumers, III, R. Sprague Sumers, Christopher W. Sumers,
Loretta A. Sumers, Robert S. Lafferty, Paul G. Lafferty, and
Barbara A. Lafferty.
3. On February 24, 1997, Plaintiffs filed the above
captioned quiet title action praying that Your Honorable Court
order the Defendants to bring an action in ejectment within
thirty (30) days from the entry of an Order pursuant to
Pa. R.C.P. 1066(b) (1) or be forever barred from asserting a
claim against the real property described in Plaintiffs'
Complaint.
4. The real property described in Plaintiffs' Complaint is
Cumberland County Tax Parcel No. 29-20-188-011, known as
725 North Hanover Street, Carlisle (Borough of Carlisle and North
Middleton Township), Cumberland County, Pennsylvania.
ALL THAT CERTAIN lot or piece of ground, with the buildings and
improvements thereon erected, SITUATE PARTLY IN NORTH MIDDLETON
TOWNSHIP AND PARTLY IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, and described according to a surveyor plan
thereof made by D. P. Raffensperger, Registered Surveyor of
Lemoyne, Pennsylvania, on November 23, 1956, as follows:
BEGINNING at a pipe on the South side of North Hanover Street,
thence by the South side of North Hanover Street, North
62 degrees 14 minutes East 300 feet to a stake at land now or
formerly of the William M. Henderson Estate; thence by a fence
line along the land now or formerly of the William M. Henderson
Estate, South 18 degrees 46 minutes East 330 feet to a point on
the wall along the west bank of the LeTort Spring; thence along
said wall South 26 degrees 52 minutes East 66.55 feet to a point
on said wall; thence along ,land now or formerly of Lyman G.
Hertzler, South 80 degrees West 410 feet to an iron pin; thence
along a 40 feet wide private driveway North 34 degrees 23 minutes
West 50 feet to an iron pin; thence along other land now or
formerly of Lyman G. Hertzler North 63 degrees 10 minutes East
168.2 feet to a stake; thence along the same North 17 degrees 46
minutes West 195.4 feet to a pipe on the south side of North
Hanover Street, the point and place of beginning.
TOGETHER with the free and uninterrupted use, liberty and
privilege in, on and along a certain private driveway of 40 feet
in width extending out of and from Henderson Avenue in said
Borough of Carlisle, along the west side of the above described
tract of land, to North East Street, in said Borough, with free
ingress, egress and regress to and for the said Grantees, their
heirs and assigns, their tenants and under tenants, invitees,
occupiers or possessors of the above described tract of land, at
all times and seasons forever hereafter, unto, along, upon and
out of said private driveway, free from any gates, fences or
other obstructions whatsoever, in common with Lyman G. Hertzler,
his heirs and assigns, as set forth in the public record, and any
other owners, invitees, occupiers, or possessors of tracts of
land contiguous to and abutting on said private driveway, their
heirs, personal representatives, successors and assigns.
SUBJECT, NEVERTHELESS, to the equal one-quarter part of all
necessary charges and expenses which shall from time to time
accrue in paving, repairing, maintaining and cleaning the said
40 feet wide private driveway, and the remaining three-quarters
part of all necessary charges and expenses which shall from time
to time accrue in paving, repairing, maintaining and cleaning the
same, shall be borne by the owners of the other properties
abutting thereon.
Exhibit "A"
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RALPH F. LAFFERTY, JR.,
TOBY G. LAFFERTY, JOHN R.
LAFFERTY, and LUCILLE GILMARTIN, :
Plaintiffs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97 - 943 CIVIL TERM
vs.
AUBIN STEIGMAN, BARBARA S.
LAFFERTY, GEORGE W. SUMERS, III
R. SPRAGUE SUMERS,
CHRISTOPHER W. SUMERS,
LORETTA A. SUMERS, ROBERT S.
LAFFERTY, PAUL G. LAFFERTY and
BARBARA A. LAFFERTY,
Defendants
QUIET TITLE ACTION
ORDER OF COURT
AND NOW, this 1"1 tt. day of WI::> I I 1997, the
Court finds:
1. A Complaint in the above captioned action was duly filed
and served upon the above captioned defendants by the Sheriff of
Cumberland County, the last defendant having been served on
March 14, 1997.
2. On April 9, 1997, an Order of Court was issued directing
the defendants to file an action in ejectment against the
plaintiffs within 30 days from the date of the Order or be
forever barred from asserting a claim or interest in or to the
real property described in plaintiffs' Complaint (or any part
thereof) .
3. The Prothonotary of Cumberland County mailed the Order
of April 9, 1997 to the Defendants on April 9, 1997.
4. More than 30 days have passed and no defendant has filed
an action of ejectment against the Plaintiffs.
NOW, THEREFORE, on motion of the Dale F. Shughart, Jr.,
attorney for the plaintiffs, it is hereby ordered, adjudged and
decreed:
1. The plaintiffs, Ralph F. Lafferty, Jr., Toby G.
,
Lafferty, John R. Lafferty and Lucille Gilmartin own fee simple
title and are entitled to quiet and peaceful possession of that
certain parcel of land, together with the improvements thereon
erected, situate in the North Middleton Township and the Borough
of Carlisle, cumberland County, Pennsylvania, more fully bounded
and described as set forth in Exhibit "A", attached hereto and
made a part hereof.
2. The plaintiffs title to the said real property is hereby
forever quieted against any and all claims or demands of
defendants, Aubin Steigman, Barbara S. Lafferty, George W.
Sumers, III, R. Sprague Sumers, Christopher W. Sumers, Loretta A.
Sumers, Robert S. Lafferty, Paul G. Lafferty and Barbara A.
Lafferty, and any person claiming under them to any estate,
right, title, lien or interest in said real property.
3. The said defendants and any person claiming under them
is permanently enjoined and restrained from asserting any claim
or interest in or to said real property or any part thereof.
4. The Recorder of Deeds of Cumberland County is hereby
directed to record a true and correct copy of this Order of Court
together with Exhibit "A", incorporated herein by reference, upon
presentation by the plaintiffs and payment of the required filing
fee.
By the Court,
cc:
Dale F. Shughart, Jr.,
Aubin Steigman
Barbara S. Lafferty
George W. Sumers, III
R. Sprague Sumers
Christopher W. Sumers
Loretta A. Sumers
Robert S. Lafferty
Paul G. Lafferty
Barbara A. Lafferty
t~) LV", I"Y"-'...JL.{ -3/1") 1<;'7,
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J.
Esquire
May 15, 1997Final Judgnr:nt is hereby entered in
favor of Plaintiffs and against Defendants,
Lawrence E, Welker
ProthonotCll)'
/)'
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l' . ~l"';'~
RALPH F. LAFFERTY, JR.,
TOBY G. LAFFERTY, JOHN R.
LAFFERTY, and LUCILLE GILMARTIN, :
Plaintiffs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97 - 943 CIVIL TERM
vs.
AUBIN STEIGMAN, BARBARA S.
LAFFERTY, GEORGE W. SUMERS. III
R. SPRAGUE SUMERS,
CHRISTOPHER W. SUMERS,
LORETTA A. SUMERS, ROBERT S.
LAFFERTY, PAUL G. LAFFERTY and
BARBARA A. LAFFERTY,
Defendants
QUIET TITLE ACTION
MOTION FOR FINAL JUDGMENT
PURSUANT TO PA, R,C,P, 1066
AND NOW, come the Plaintiffs, Ralph F. Lafferty, Jr., Toby G.
Lafferty, John R. Lafferty and Lucille Gilmartin, by their
attorney, Dale F. Shughart, Jr., make the following motion:
1. Plaintiffs are Ralph F. Lafferty, Jr., Toby G. Lafferty,
John R. Lafferty, and Lucille Gilmartin.
2. The Defendants are Aubin Steigman, Barbara S. Lafferty,
George W. Sumers, III, R. Sprague Sumers, Christopher W. Sumers,
Loretta A. Sumers, Robert S. Lafferty, Paul G. Lafferty, and
Barbara A. Lafferty.
3. On February 24, 1997, Plaintiffs filed the above captioned
quiet title action praying that Your Honorable Court order the
Defendants to bring an action in ejectment within thirty (30) days
from the entry of an Order pursuant to Pa. R.C.P. 1066(b) (1) or be
forever barred from asserting a claim against the real property
described in Plaintiffs' Complaint.
4. The real property described in Plaintiffs' Complaint is
Cumberland County Tax Parcel No. 29-20-188-011, known as 725 North
Hanover Street, Carlisle (Borough of Carlisle and North Middleton
Township), Cumberland County, Pennsylvania.
5. Attached hereto, made a part hereof and marked Exhibit "A"
is the legal description of the property.
6. All of the Defendants have been served by the Sheriff of
Cumberland County by certified mail, none of the Defendants being
residents of the Commonwealth of Pennsylvania. The last Defendant
was served on March 14, 1997.
7. The Sheriff's Return of Service has been filed with the
Prothonotary.
8. More than twenty (20) days passed since the service of the
last Defendant on March 14, 1997 and no Defendant filed an Answer
or other pleadings.
9. On April 8, 1997 the Plaintiff filed a Motion for an Order
of Court directing the Defendants to file an action of ejectment
against the Plaintiffs or be forever barred from asserting a claim
or interest in or to the real property (or any part thereof).
10. On April 9, 1997, Honorable J. Wesley Oler, Jr. issued an
Order, a true and correct copy of which is attached hereto, made a
part hereof and marked Exhibit "B".
11. On April 9, 1997, the Prothonotary of Cumberland County
mailed copies of Judge Oler's Order of April 9 to the Defendants.
12. More than 30 days have passed since the mailing of Judge
Oler's Order and no Defendant has filed an action in ejectment
against the Plaintiffs.
WHEREFORE, the Plaintiffs pray Your Honorable Court to enter
an Order pursuant to Pa. R.C.P. 1066 as attached hereto.
;j:;u1f 5bmi2ed'
Dale F. Shughar , Jr.
Attorney I.D. #19373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
ALL THAT CERTAIN lot or piece of ground, with the buildings and
improvements thereon erected, SITUATE PARTLY IN NORTH MIDDLETON
TOWNSHIP AND PARTLY IN THE BOROUGH OF CARLISLE, CUMBERLAND
COUNTY, PENNSYLVANIA, and described according to a surveyor plan
thereof made by D. P. Raffensperger, Registered Surveyor of
Lemoyne, Pennsylvania, on November 23, 1956, as follows:
BEGINNING at a pipe on the South side of North Hanover Street,
thence by the South side of North Hanover Street, North
62 degrees 14 minutes East 300 feet to a stake at land now or
formerly of the William M. Henderson Estate; thence by a fence
line along the land now or formerly of the William M. Henderson
Estate, South 18 degrees 46 minutes East 330 feet to a point on
the wall along the west bank of the LeTort Spring; thence along
said wall South 26 degrees 52 minutes East 66.55 feet to a point
on said wall; thence along ,land now or formerly of Lyman G.
Hertzler, South 80 degrees West 410 feet to an iron pin; thence
along a 40 feet wide private driveway North 34 degrees 23 minutes
West 50 feet to an iron pin; thence along other land now or
formerly of Lyman G. Hertzler North 63 degrees 10 minutes East
168.2 feet to a stake; thence along the same North 17 degrees 46
minutes West 195.4 feet to a pipe on the south side of North
Hanover Street, the point and place of beginning.
TOGETHER with the free and uninterrupted use, liberty and
privilege in, on and along a certain private driveway of 40 feet
in width extending out of and from Henderson Avenue in said
Borough of Carlisle, along the west side of the above described
tract of land, to North East Street, in said Borough, with free
ingress, egress and regress to and for the said Grantees, their
heirs and assigns, their tenants and under tenants, invitees,
occupiers or possessors of the above described tract of land, at
all times and seasons forever hereafter, unto, along, upon and
out of said private driveway, free from any gates, fences or
other obstructions whatsoever, in common with Lyman G. Hertzler,
his heirs and assigns, as set forth in the public record, and any
other owners, invitees, occupiers, or possessors of tracts of
land contiguous to and abutting on said private driveway, their
heirs, personal representatives, successors and assigns.
SUBJECT, NEVERTHELESS, to the equal one-quarter part of all
necessary charges and expenses which shall from time to time
accrue in paving, repairing, maintaining and cleaning the said
40 feet wide private driveway, and the remaining three-quarters
part of all necessary charges and expenses which shall from time
to time accrue in paving, repairing, maintaining and cleaning the
same, shall be borne by the owners of the other properties
abutting thereon.
Exhibit "A"
RALPH F. LAFFERTY, JR.,
TOBY G. LAFFERTY, JOHN R.
LAFFERTY, and LUCILLE GILMARTIN,:
Plaintiffs.
vs.
AUBIN STEIGMAN, BARBARA S.
LAFFERTY, GEORGE W. SUMERS, III
R. SPRAGUE SUMERS,
CHRISTOPHER W. SUMERS,
LORETTA A. SUMERS, ROBERT S.
LAFFERTY, PAUL G. LAFFERTY and
BARBARA A. LAFFERTY,
Defendants
~PR II P 199;bV
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
97 - 943 CIVIL TERM
QUIET TITLE ACTION
ORDER OF COURT
AND NOW, this q-:tJ.. day of ~^: 1: 1997,
defendants are hereby ORDERED to institute an action in ejectment
within thirty (30) days from the entry of this Order pursuant to
Pa. R.C.P. 1066(b) (1) or be forever barred from asserting a claim
or interest in or to the real property (or any part thereof)
described on Exhibit "A", attached hereto, made a part hereof and
incorporated herein by reference thereto.
By the Court,
cc:
Dale F. Shughart, Jr., Esquire
Aubin Steigman
Barbara S. Lafferty
George W. Sumers, III
R. Sprague Sumers
Christopher W. Sumers
Loretta A. Sumers
Robert S. Lafferty
Paul G. Lafferty
Barbara A. Lafferty
I.">' 't 'LJD",Ld fJe~. ~
J.
TRUE COpy FROM RECORD
In T e~1:1110q\, ',', In ,n!, II13re unto set my hand
and the seal of 5aid Court at Carli!le, Pa.
This ",.cl.~.... day oL..~k.(...,.. 19, .1.,'1
~ L . I, .."..'J=? .
..,........~~~..p~~~~~w_
Exhibit "B"
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LEo:I'll771
JOYCE W. KEARNS,
Owner
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
; NO. 97- 94 ( )..1 L(J
J. RICHARD ZEPPA,
Contractor
: WAIVER OF LIENS
THIS AGREEMENT made this Ji!;day of J~.ivu....I..A.<.V , 1997, between
Joyce W. Kearns, of 122 Wheatland Road, Lewisberry, Pennsylvaf(ja ("Owner") and J.
Richard Zeppa, of440 Old Stage Road, Lewisberry, Pennsylvania 17339-9564 ("Contractor").
WHEREAS, by a duly executed written agreement dated .;l. 'l'~' 9 '+ (the
"Contract"), Owner and Contractor have contracted for the construction of an approximately
2,000 sq. ft. addition to the property located at4836 East Trindle Road (the "Improvements")
situate in Hampden Township, Cumberland County, Pennsylvania, being more particularly
described in Exhibit "A" (the "Property") attached hereto and by this reference incorporated
herein; and
WHEREAS, no authorization has yet been given by Owner to Contractor to
commence Contractor's work under the Contract or to purchase materials for same; and
WHEREAS, no work has commenced on the Property and no labor or materials
have been delivered to the Property or furnished for the Improvements by Contractor or any
sub-contractor or materialman.
NOW, THEREFORE, Contractor, for himself, his heirs, successors and assigns
and anyone else acting or claiming through or under him, for and in consideration of the
Contract and the considerations mentioned therein, and intending to be legally bound
hereby, does hereby agree as follows:
1. Waiver of Lien. Contractor hereby waives and relinquishes all rights
to file a mechanics' lien, claim or notice of intention to fire any lien or claim and does
hereby covenant, promise and agree that no mechanics' lien or claim or other lien or claim
of any kind whatsoever shall be filed or maintained against the Improvements or the estate
or title of Owner in the Property as described in Exhibit "A" or the curtilage or curtilages
appurtenant thereto, whether by or in the name of Contractor or by or in the name of any
subcontractor, materialmen or laborers for work done or materials furnished under the
contract or by any other party acting through or under them or any of them for and about
the Improvements or the Property or any part thereof, or on credit thertlof, and that all
subcontractors, materialmen and laborers on the work shall look to and hold Contractor
personally Iiabre for all subcontracts and materials furnished under the Contract for and
about the erection, construction and completion of the Improvements, or under any contract
for extra work, change orders or for work supplemental thereto or otherwise.
2. Indeoendent Covenant. This Agreement waiving the right of lien shall
be an independent covenant and shall operate and be effective as well with respect to work
done and materials furnished under any supplemental contract for extra work in the
erection, construction and completion of the Improvements and as to any work and labor
done and materials furnished under the Contract.
3. Power of Attornev. In order to give Owner full power and authority
to protect Owner, the Property, the estate or title of Owner therein and the appurtenances
thereto, against any and all liens filed by Contractor or anyone acting under or through
Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes
and empowers any attorney of any Court of Common Pleas of the Commonwealth of
Pennsylvania to (i) appear as attorney for Contractor in any such Court, and in Contractor's
name or names, to the extent permitted by law, mark satisfied of record at the cost and
expense of Contractor or of any subcontractor or materialman, any and all lien or liens, filed
in violation of the foregoing covenant, and/or (ii) cause to be filed and served in connection
with such lien or liens any pleading or instrument, or any amendment to any pleading or
instrument previously filed, and to incorporate therein, as part of the record, the waiver
contained in this instrument; and for such act or acts this instrument shall be good and
sufficient warrant and authority. A reference to the court, term and number in which and
where this agreement shall have been filed shall be conclusive evidence of the authority
herein to warrant such action, and Contractor, for himself and his subcontractors and
materialmen, hereby remises, releases and quit-claims all rights and all manner of errors,
defects and imperfections whatsoever in entering such satisfaction or in filing such pleading,
instrument or amendment, or in any way concerning them. In the event anyone acting
through or under Contractor shall so file a lien in violation of the foregoing covenant,
Owner may not exercise her rights under this Paragraph 3 unless such lien or liens have not
been stricken or discharged (by payment, posting of a bond or other means) for a period of
ten days after notice of such lien or liens shall have been received by Contractor.
4. fyQJic Notice. This Agreement shall be filed in the Cumberland County
Prothonotary's Office as public notice hereof.
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