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Home My WebLink About05-17-07 r. PETITION FOR PROBATE AND GRANT OF LETTERS REGISTER OF WILLS OF CUMBERL.?\t-TD Estate of James H. Sulfare Sr. COUNTY, PENNSYLVANIA File Number 2007 - 048'1 ~lzo knC";ll'~ as , Deceased Social Security Number 171-34-6028 James H. Sulfare Jr. Petitioner(s), who is/are 18 years of age or older, apply(ies) for: (COMPLETE 'A' or 'B' BELOW:) 00 A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is/are the Executor named in the 04/16/2004 and <;odi<;i\(s) dated last Will cf the Decedent, dated State relevant circumstances, e.g., renunciation, deeth of executor, etc. Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instrument(s) offered for probate, was not the victim of a killing and was never adjudicated an incapacitated person: Trlshia M. Fortuner renounced in favor of James H. Sulfare, Jr. o B. Grant of Letters of Administration (If appliCBbIe, enter: c.I.a.; d.b.n.c.l.a.; pedente Ine; durante ebsent/s; durante IIlfnoritate) Petitioner(s) after a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse (if any) and heirs: (If AdministratIon, c.l.a, or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.) :3't Name Relationship Residence C) c::O "C ::0 :cQ J-~ r -::'~I~} <= --.J -< (I);>..... '~~.8 ". )11 ~ (COMPLETE IN ALL CASES:) Attach additional sheets if necessary. Decedent was domiciled at death in CUMB'€RLAND County, Pennsylvania with 121 Walnut Bottom Road, Shippensburg, PA 17257 (Ust street address, town/city, township, county, state, zip code) :D his / her last principal res~c~ at \.0 (...) CO Decedent, then 63 years of age, died on 01/15/2007 Shlppensburg Healthcare Center, Shlppensburg Towl'!shlp, at Cumberland County, PA DecedeAt at death owned property with estim~ted values as follows: (If domiciled in PAl All personal property $ (If not domiciled in PA) Personal property in Pennsylvania $ (If not domiciled in PA) Personal property in County $ Value of real estate in Pennsylvania $ situated as follows: Unknown Unknown Unknown Unknown Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to the undel'Slgned: Signature Typed or printed name and residence James H. Sulfare Jr. 14125 Mountain Green Road Willow Hili, PA 17271 --/~ Fonn -0 Rev. 10.13-2006 Copyright (c) 2006 tonn software only The Lackner Group, Inc. Pagel 0(2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF . .CUMBERL~ND Oath of Personal Representative } SS } The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and correct to the best of the knowledge and belief of Petitioner(s) and that, as personal representative(s) of the Decedent, Petitioner(s) will well and truly administer the estate according to law. day of Signature of Personal Rapresentative ~ ---.J James H. Sulfare Jr. o C::;;o _c-:;g l~~~ _ c/) :/~~ ) i_. ) ( ) ';-2 'T1 JS --I ~ = --' ::l": )iii -< Sworn to or affirmed and subscribed Fo,'" Regi'te'~ -.l Signature of Personal Rapresentative !!: -oJ.... ~ W CO File Number: 28-07 - 'i B~ Estate of James H. Sulfare Sr. , Deceased Social Security Number: 171-34-6028 Date of Death: 01/15/2007 AND NOW, .~ \ \ ,~." in consideration of the foregoing Petition, satisfactory proof having been presented before me, I DECREED that Letters Testamentary are hereby granted to James H. Sulfare Jr. in the above estate and that the instrument(s) dated 04/16/2004 described in the Petition be admitted to probate and filled of record as the last Will (and Codicil(s)) of Decedent. g..o .(\") 3Q. . nO 5.00 $ I 5'"' . CU $ 10.00 r. (}\) ~~~JfA~~d--'~ Attorney Signature: " FEES Letters........................................... $ Short Certificate(s)........................ $ Renunciation(s)............................ $ ~lJ -YP (l.,"~$ Attomey Name: Bradford D. Wagner Esq. Supreme Court 1.0. No.: 27899 $ $ $ $ $ $ Address: 662 Main Street Hellertown, PA 18055-1726 Telephone: 610/838-6563 TOTAL................................... $ e'?-oD Form RW-D2 Rev. 10-13-2006 Copyright (c) 2006 form software only The Lackner GrouP. Inc_ Page 2 of 2 H105.112 REV. 1/05 (FEE FOR THIS . CE!'lTIFICATE$6.(0) WARNING: IT IS ILLEGAL TO ALTER THIS COPY OR TO DUPLICATE BY PHOTOSTAT OR PHOTOGRAPH. COMM6N\NEALTH OF PENNSYLVANIA DEPAflTMENT OF HEALTH VITAL RECORDS . C - , .". .-, .-" . , " .-,' ,. . LOCAL.REGISTRAR'S CERTIFICATION OF DEATH ~J ~lr..:t" i7 . Daw m 100.. m ~~~ron ......... ............ .. ~~/ Social SecurityNO. I q qJ Birthplace JJ- Name of Decedent Middle Sex f)n <<J.v County ,." . .:. .,<" -- --:.' ,::-"::: -,:.,' - -"-' ~ '. - . ""~ '. '" ,,: OCCUPation'~/~ ~rmedForces1(Yes or No)\~ M~rital Status ~~ d/~:~~:ge~Sdress )6 oS q .....? 4A-;(: rTV. !;f.~ /,ld.1)-~-:t d !!--. :,' .' Number ": " ,--: ," Streelt :. -: .' -:-CitY:Qr:Town.." I.nformant&::~.d tJ-~ UI~#1, a.FUneral..n. ir. ecto..r \# ~# 1~~~~I~Y Name an :A.ddressof.r, ........ ..... . .... T .... .... ......... '. ............... ........ ...... .... >> Funeral...Establishme.. ot IJ.I ~/V(~b~4J )~:}I-!~- .j:2 ~ ~/+. '4j~1~~ ),.r~~. .. '. .... .. '.' .... .... .. ... . ..... .'. .' ..... .......... ...... .... ..... .... ..... . ". I Int~rval Between" Part I: Immedlate'Cause : Ori~arid.[)e.ath () I = c;a -..I ...~~.. ..:; j~..~ -< . ....... ." i ::I.J -.J ~ '=~~ 7< \..-yC1 . ' 1",_,~-" )3j -'T:')-~ ~..". I O. I , State (a).i~h'4A~J "-j}rk 4 ~ 7i. .... ......( (b )-".LAIl.;,.L, ;dI!./1...-~ y'147Ll4\.-;;/~ 1/; :."--'-1 . .~ -~~' (c) ~. :::r (d) Other Significant Conditions tU.h ~w.. ~1 Manner of Death Natural III Accident 0 o . 1 ,l.-t114-..u'" (..'t?~jun.~. ..... .... ....... ....... .. .............. ........?1..... ....... ......................> ............> ...... .. .' . Describe how injury occurred: c..,..> co o o o Homicide Pending Investigation Could not be Determined NameaJIdTitl~ 01 Certifii;~7~":li~~ 1: F\ h~<' n:~ . ... i . y. Address ..... .., .'. ....... .... .... 1/i.1.",.t If/:tf-'..a."."..... ....( J, ~.'.~-U.~J .... ..-li.. (M.D. ,np.;Cproner,M.E.) This is tocerti.tythattheinformation h~r~.givenlSG()rrec11ycopied froriTari original....qertificate of death duly fHed withmea.sLocal Registrar. The original certificate WHLbe .torwardedtothe State Vital Records Office for permanent filing. A · t. - . }~ 1J..LA~U;..Jc.; .~ q- .; '" s ~aJ~9IStraf Of I{fbj(l'lecords District No 1..2.2 d ~~.I~..~ (L/ &!.u-,/d'....}M.L-X~ :J.!t;J Street Address City, Township 1lL&6t llt1ttll aub W~gtam~ut BE IT REMEMBERED, THAT I, JAMES H. SULFARE, SR., presently residing at 1059 Easton Road, Hellertown, Northampton County, Pennsylvania, being of sound mind, memory, and understanding, and considering the uncertainty of life do hereby make, publish, and declare this my Last Will and Testament, hereby revoking and making null and void any and all former Wills or Codicils by me at anytime heretofore made. FIRST: I appoint my daughter, Trishia M. Fortuner, Executrix of this my Will. If she should predecease me or decline to serve, I appoint my son, James H. Sulfare, Jr., Executor of this my Will. I direct that no bond shall be required of my Executrix or Executor. SECOND: I request the payment of my funeral expenses and expenses of my last illness, as soon as conveniently may be done after my death. I request that my funeral shall be in ~eeping ~J.th ( ) ,':,-, (- c::-:~ -..J --J my station in life. ;r::,. \-:~) (..) cc ...., , \ , ~ . ~ /I ...-.~ ., ~l 1'! . ~. J' THIRD: I give and bequeath all of my remaining household and personal effects, including all clothing, jewelry, furniture, furnishings, automobiles, silver, books and pictures, together with any existing insurance policies thereof, to my children, Trishia M. Fortuner, James H. Sulfare, Jr. and Nathan Sulfare, or their then living issue, per stirpes. Said items shall be equally divided among them, as they may agree, and in the absence of agreement any disputed items shall be added to the residue of my estate. In the event any of them predecease me without living issue, then his or her share shall be divided equally between my children living at the time of my death, or his or her then living issue, per stirpes. FOURTH: I order and direct the following distribution of the residue of my estate: A. One (1) share to my daughter, Trishia M. Fortuner, presently residing at 456 Freehall Street, Mertztown, Pennsylvania, or her then living issue, per stirpes. B. One (1) share to my son, James H. Sulfare, Jr., presently residing at 3674 Pampas Circle, Chambersburg, Pennsylvania, or his then living issue, per stirpes. -2- c. One (1) share to my son, Nathan Sulfare, presently residing at 301 W. Wilkes Barre Street, Easton, Pennsylvania, or his then living issue, per stirpes. In the event any of them predecease me without living issue, then his or her share shall be divided equally between my children living at the time of my death, or his or her then living issue, per stirpes. FIFTH: In the event there is no named beneficiary included in any non-probate assets which I may own at the time of my death, including but not limited to life insurance policies, retirement benefits or annuities, I give, devise and bequeath the proceeds of said non-probate assets in equal shares to my children, Trishia M. Fortuner, James H. Sulfare, Jr. and Nathan Sulfare, as provided for in Paragraph Fourth above. SIXTH: In the event any party entitled to share under the ter.ms of this my Last Will and Testament is a minor at the time of my decease and no trust has been established for said minor under this my Will, then I nominate, constitute and appoint my daughter, Trishia M. Fortuner, to be Trustee of the Estate of said -3- minor with full power in said Trustee in her absolute and uncontrolled discretion, to pay, use or apply all or so much of the principal and income from time to time as my said Trustee shall deem necessary or advisable for the use, benefit, education and general welfare of said minor and to make distribution of any principal and income then in her hands unto any minor when said minor arrives at the age of twenty-one (21) years. I direct that for purposes of this clause of my Will, the word "Minor" shall be construed to mean a person under the age of twenty-one (21) years, regardless of any state or federal law to the contrary. Anything herein to the contrary, however, if the property passing to such minor shall not amount to more than $5,000.00 or shall be tangible property of such nature that it may be used and enjoyed by such minor although exceeding $5,000.00 in value, said Trustee in her absolute and uncontrolled discretion, is authorized to distribute the property to such minor directly. If she should predecease me or be unable to serve, I appoint my son, James H. Sulfare, Jr., Trustee as provided for above. SEVENTH: If any person or persons entitled to share in distribution under the terms of this my Will shall in any court of -4- law or equity or otherwise contest the same or dispute or call into question the validity of this my Will, such person or persons shall forfeit his or her entire interest hereunder and all provisions in favor of such person or persons shall be void and of no effect. The share of such person or persons so forfeited shall be distributed as a part of the residue as provided for herein except that if such person or persons are entitled to share in the residue that interest shall be distributed proportionately to the other residuary distributees provided he, she or they shall not contest or dispute the validity of this my Will. EIGHTH: I give to my Executrix, Executor and Trustee herein named, the following fiduciary powers, in addition to all fiduciary powers granted by law, and direct that such powers shall be exercisable by her or him without leave of court and until final distribution of my estate has actually been made: A. To retain any or all real or personal property owned by me at my death, and to invest in all for.ms of property, regardless of any limitations imposed by law on investments by fiduciaries. B. To sell at public or private sale for cash or credit or partly for each, to exchange or to lease for any period of time any real or -5- personal property and to give options for sales, exchanges or leases. C. To compromise or submi t to arbi tra tion any claim which may be asserted against my estate or any asset of my estate. D. To borrow money (even if the lender is also a fiduciary herein named), and to pledge or mortgage any asset or assets of my estate for the paYment of taxes, debts, legacies, administration expenses or any other purpose which in the opinion of my Executrix or Executor will facilitate the administration of my estate. E. To abandon, disclaim and dispose of any property which in the opinion of my Executrix or Executor shall be worthless to my estate. F. To pay general legacies and any residuary share in kind or in cash, or partly in each, or by way of undivided interests, even if shares of residue shall be composed of different assets and the valuations placed on assets by my Executrix or Executor for purposes of distribution in kind shall be conclusive. G. To retain and pay agents, employees, accountants, and counsel (including but not limited to legal and investment counsel) for advice and other professional services; no fiduciary acting hereunder, shall be obligated to follow any such advice. H. To expend reasonable sums for the shipment of personal property to beneficiaries with said paYment being considered an administration expense. -6- I. Whenever the Trustee deter-mines that the size of any trust does not warrant the cost of continuing it, or that its administration would be impractical for any other reason, my Trustee shall have the right to place said funds in a Certificate of Deposit or like investment to be paid to the beneficiary in accordance with this Will. J. To pool the assets of all separate trusts as provided for in this my Will for investment purposes, allocating to each such trust an undivided proportionate interest in the pooled assets. K. To merge any trust hereunder with any other trust held by Trustee whether created by me or by any other person by Will or Deed, if the trusts are for the primary benefit of the same persons and contain substantially similar ter-ms. NINTH: No interest in income or principal shall be assignable by, or available to anyone having a claim against, a beneficiary before actual payment to the beneficiary. TENTH: Any and all state inheritance taxes, estate taxes, and federal estate taxes for property passing under this my Will, including interest and penalties, shall be paid from my residuary estate without charge or set-off to any beneficiary -7- herein named and without apportionment in any accounting or tax schedule. IN WITNESS WHEREOF, I, JAMES H. SULFARE, SR., have to this my Last Will and Test~ent subscribed my n~e and affixed my / (p ~ day of April, 2004 at Hellertown, Pennsylvania. seal this ~'~~. J ES H. SUL . . E, SR. (SEAL) SIGNED, SEALED, PUBLISHED, and DECLARED by the above named Testator, JAMES H. SULFARE, SR., as and for his Will, in the presence of us, who at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses in attestation thereof. Address , '1r2b71L(JL""yo.io, irJ~ Address0ft,ol {!)~(C;P.)~,,-tM.~ fA -8- COMMONWEALTH OF PENNSYLVANIA SS. : COUNTY OF NORTHAMPTON We, JAMES H. SULFARE, SR., Bradford D. Wagner, Man i CD.. G-<\le JV~V\€r , the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument, being first duly sworn, do hereby declare to the undersigned authority that the Testator signed and executed the instrument as his Last Will and that he signed willingly, and that he executed it as his free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testator, signed the Will as witness and that to the best of their knowledge the Testator was at the time eighteen (18) years of age or older, of sound mind and under no constraint or undue influence. <;;., (SEAL) , SR. '" ~4Q~. Li/<I(f'OA. Witness (SEAL) -9- . , SUBSCRIBED, SWORN TO and acknowledged before me by JAMES H. SULFARE, SR., the Testator, and subscribed and sworn to before me by Bradford D. Wagner and f!JoV/i e...&... Gale 4J~ her , witnesses, this J (y fI.... day of April, 2004. ~~ Notarial Seal Shidey A. Frey, Notary Pt.tiic HeIIertoM1 8010, ~ County MyCQIIII~ 8cP1'88 Dec. 29, 2006 Member, Pennsylvania AssodatIon Of Notaries -10- RENUNCIATION O~ REGISTER OF WILLS OF FRANI(LlN COUNTY, PENNSYLVANIA ~'--------~ -----,--- C \Jw.. ~e~l~~ ~ Estate of James H. Sulfare Sr. I Deceased I, Trishia M. Fortuner in my capacity/relationship as (Print Name) Daughter of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to James H. Sulfare, Jr. V'Jr. . Z dm,7 _J ~- CO M 0'\ ~;':::~': r- ~ 6~~ fE~-;~ L..LJ~ d ::t~ i eLf' CC;;' , 0:=) (.) 908 Cedar Hurst Drive (Streat Address) ..i.;;;-.. ~ r- Raleigh, NC 27609 (City, State, Zip) >- :c r-- C...:::1 C'-.,J; Executed in Register's Office Sworn to or affirmed and subscribed before me th;~ of day Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the re'1p9ation for the pu ses stated within on this day of Deputy for Register of Wills J ~ JC)It/2-0 II \.\\\\\111111/11/ /4 \\,\ III; (Signature and seal ot Notary or other official qualified to ",'\ l'>.. t'" H U tv t", ;11// administer oaths. Show date of expiretion of Notary's commission.) .$' ^ ~r' ~'1> '8- " ,v "C-- ~ .s '~0'O\\ ~ :: I..LJ 0\01'1 O\)fI~ ~le'1>::: = a ~ ~e C fI e'/.? = ::: \j'lO 0:'\,>'1>\0 \ \ == ~ ~'l CO~ol~ql~tl 1 ff ~ o~$ -'/ ~ ~ " /1111 ORTH c~ ",~ Copyright (c) 2006 form software only The Lackner Group, Inc. 1//111 n;u II \1\\\\\\\\ Form RW.Q6 Rev. 10-13-2006