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HomeMy WebLinkAbout09-16-10IN RE: Estate of James F. Hulse, Sr. : IN THE COURT OF COMMON PLEAS OF Deceased :CUMBERLAND COUNTY, PENNSYLVANIA ~~ ~ `~~ :ORPHANS COURT DIVISION ~~~ ~ . ~ t ..,~ -_ ~ ~ - `-' : NO. 10-778 • ~ :F ,.. .. ~ l.. i ...._.. -..~ + ' ,. u~ .:._._ 1 L~ ~~ cr~ ~ ANSWER AND NEW MATTER ,. ,_ c~_ ~, ~; ~-_ c-:. ~ U TO"rHE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY: AND NOW, come the Respondents, Donna J. Hulse and Nancy Hulse, by their attorneys, Ronald E. Johnson, Esquire and Andrews & Johnson and respond to the Petitioner's Petition as follows: 1. Admitted. 2. It is admitted that the Petitioners are the Co-Executors named in the copy of the Last Will and Testament attached to the Petition. It is specifically denied that the Last Will and Testament attached to the Petition was in fact in effect at the time of the Decedent's death. It is further specifically denied that at the time of the execution of the Will, acopy ofwhich isattached to-the Petition, the Decedent was domiciled in the state of Pennsylvania. By way of further additional response it is believed and therefore averred that the original of the copy of the Will attached to the Petition was destroyed well prior to the Decedent's death. 3. It is specifically denied that the Decedent was domiciled at 714 Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 at the time of his death. By way of further answer, the Decedent maintained a domicile at 79 Redmond Avenue, Bayshore, NY, a home in which he had aone-half legal interest. By way of further additional answer, the Decedent lived his entire life in the State of New York, except for occasional visits to the State of Pennsylvania. 4. It is admitted that the Decedent died on May 4, 2010 at Harrisburg Hospital, Harrisburg, Dauphin County, Pennsylvania. By way of further answer, the Respondent's were never notified of the Decedent's death by the Petitioner James F. Hulse, Jr. By way of further additional answer the Respondent's only found out about the Decedent's death as a result of a call made to the hospital inquiring about the Decedent's health, at which time they were advised that he had died. 5. It is admitted that it appears the Decedent executed a Last Will and Testament dated November 22, 1994, a copy of which is attached to the Petition. It is specifically denied, however, that this Will was in effect at the time of the Decedent's death and it is further specifically denied that the Decedent was domiciled in the State of Pennsylvania at the time of the execution of the copy of the Will attached to the Petition, or at the time of his death. 6. It is admitted that the copy of the Will attached to the Petition provides for the distribution of the Decedent's estate to the Co-Executors who are also the Petitioners. By way of further answer it is specifically denied that this Will was in effect at the time of the Decedent's death and it is further specifically denied that the Decedent was domiciled in the State of Pennsylvania at the time of the execution of the copy of the Will attached to the Petition or at the time of his death. 7. It is admitted that on or about November 22, 1994 the Decedent/Testator was of testamentary capacity. 8. It is admitted that an original Will has not been found after diligent search. By way of further answer it is believed and therefore averred that the Decedent destroyed the original Will attached as a copy to the Petitioner's Petition. 9. The contents of the copy of the Last Will and Testament speaks for itself. By way of further answer, however, it is specifically denied that this was the Last Will and Testament in effect at the time of the Decedent's death and it is believed and therefore averred that the original of that -,Last Will and Testarr~ent h~d~ been destroyed by the Decedent long prior to his death. 10. It is specifically denied that the Last Will and Testament executed by the Decedent on November 22, 1994 was never revoked by the Testator. By way of further answer, it is believed that the original thereof had been destroyed'by`the Decedent/Testatoriong prior to the Decedent's death. 11. It is admitted that in the copy of the Will attached to the Petitioner's Petition the Petitioner's were named Co-Executors and sole beneficiaries of the Decedent/Testator's estate. It is specifically denied; however, that the original of the copy of the Will attached to the Petition was in effect at the time of the Decedent's death. 12. It is admitted that the Decedent's estate may include funds located at CitiBank, N.A. in an amount yet to be determined. By way of further answer, at least up until April 2010 the Decedent had various bank accounts in a CitiBank bank situate at 77 East Main Street, Bayshore, NY and he was an owner of a safety deposit box number 1602 also situate at that same bank. By way of further answer, the Decedent also owned aone-half interest in real estate situate at 79 Redmond Avenue, Bayshore, NY. 13 . It is admitted that the Decedent did not own a 1993 Commodore Brookwood mobile home at the time of his death. It is specifically denied that he ever owned such mobile home, but that rather, that mobile home was the home of the Petitioners and it was never the residence or domicile of the Decedent. 14. It is specifically denied that the Decedent/Testator was not the owner of any real estate in Pennsylvania or outside of Pennsylvania. By way of further answer, the Decedent/Testator was the owner of a one-half interest in property situate at 79 Redmond Avenue, Bayshore, NY. NEW MATTER 15. ,Paragraphs ,l ahrough 14..of R.espondent's Answer are incorporated herein by reference as if fully set forth. 16. At the time of the Decedent's death, he was survived by three (3) children, namely, James F. Hulse, Jr. ~f Mechanicsburg,'Pennsylvania, Nancy Hulse of Commack, NY and Donna Hulse of Airmont, NY. 17. During the Decedent's lifetime he would from time to time become estranged from some of his children only to later reconcile with them. 18. Following the date ofthe execution of the V~'iil, a copy of which is attached to the Petitioner's Petition, the Decedent became estranged from Petitioner, James F. Hulse, Jr. and reconciled with both of his daughters, Nancy Hulse and Donna Hulse, both of whom lived near him. in New York State. 19. The Decedent lived in the State of New York his entire life and was domiciled in the State of New York at the time of his death. 20. On or about April 8, 2010 the Decedent at the request of the Petitioner, James F. Hulse, Jr. travelled to Pennsylvania with the Petitioner, James F. Hulse, Jr. for the sole purpose of a visit with his son and not with the intent of changing his domicile to the State of Pennsylvania. 21. Subsequent to that date the Decedent became ill and died on May 4, 2010, less than one month subsequent to the date he travelled to Pennsylvania for purposes of a visit. 22. Prior to the Decedent's death he maintained a number of bank accounts at CitiBank, N.A. situate at 77 East Main Street, Bayshore, NY. In addition he maintained a safe deposit box number 1602 at the same bank. 23. The Decedent was at all times prior to his death domiciled in the State of New York. His bank accounts and safe deposit box were all located at CitiBank, N.A. located at 77 East Main Street, Bayshore, NY. He had cone-half legal interest in a home situate at 79 Redmond Avenue, Bayshore, NY where he mostly resided. In addition he had a New York State driver's license which would have been in his wallet and in the possession of the Petitioner's. 24. Subsequent to the death of the Decedent your Respondent, Nancy Hulse obtained an Order of Court dated June 28, 2010 from the Surrogate Court of Suffolk County, New York obtaining permission to enter the safe deposit box of the decedent situate at 77 East Main Street, Bayshore, NY 11706 in order to search for a Will. A copy of that Court Order is marked. Exhibit "A" attached hereto and made a part hereof. 25. At the time of the entry into the safety deposit box there was no original Will and the safety deposit box was in fact totally empty. An inventory of the safety deposit box referenced above is marked Exhibit "B" attached hereto and made a part hereof. 26. On or about July 26, 2010 and prior to the filing of the Petition in Cumberland County seeking probate of a copy of a Will of the Decedent an Attorney situate in the State of New York filed a Petition for Letters of Administration along with additional materials with the Suffolk County Surrogate's Court in the State of New York. A copy of that letter along with all attachments thereto is marked Exhibit "C" attached hereto and made a part hereof. 27. As a result of the Petitions filed in the State of New York a Citation has been issued by a Judge of the Surrogate Court of Suffolk County, New York directed to James F. Hulse, Jr., the Petitioner, to show cause why Letters of Administration should not be granted to the Respondent, Nancy Hulse. A copy of this Citation is marked Exhibit "D" attached hereto and made a part hereof. WHEREFORE, Respondent's respectfully request the Register of Wills to deny the Petitioner's Petition to probate a copy of the Will of the Decedent; and further defer this matter to allow the Surrogate Court of~Suffolk County, New York (the Decedent's domicile) to conduct it's Court's proceedings which were initiated prior to the filing of the Petitioner's Petition in the Court of Common Pleas of Cumberland County, Pennsylvania. ANDREWS & JOHNSON By: - Ronald E. Jo o ,Esq. Attorneys fo laintiff 78 W. Pomfret Street Carlisle, PA 17013 (71.7) 243-0123 At a Surrogate's Court held in and for the County of Suffolk at the County Center Riverhead, New York on the 28th day of June , 2010 Present: HON. JOHN M. CZYGIER, JR. SURROGATE x In the Matter of the Application to Examine a Safe Deposit Box of ORDER•TO EXAMINE SAPE DEPOSIT BOX (WILL SEARCH ORDER) J~MSS F . HDZ.SB, S8. a/k/a J!,l~.S FBAHS SQLSE, SR a/kja Je~S F. fl[TLSB, Deceased x SURROGATE S COURT sup=~a~.K counn~r Upon reading and filing the petition of H~cY aur.sB JUN 2.8 2010 verified the _ Sth day of Jna 2010 the citibaatc MIC~Et Ctpp1~)~p RK bank, located at 77 Bae 1Kain Street. Bev Sbore.. Hew York 11106 is hereby ORDERED, DIRECTED and AUTHORIZED to permit said petitioner, xeHCx ayi.s$ , to open and examine the safe deposit box of Jera,s F. ~,sBs s8. , , deceased, in the presence of an authorized employee or agen# of said bank or other lessor, for a paper purporting to be a Will of the decedent and for a deed to a burial plot in which said decedent is to be interred or Instructions as to burial and for a policy of insurance issued in the name of the decedent and payable to a designated beneficiary, and to make inventory of the papers or of the contents of the safe deposit box, and if such Will or deed or instructions or policy of insurance be found, the said bank or lessor is hereby further ORDERED, DIRECTED and AUTHORIZED forthwith to deliver such Wiil to~ the Clerk of the Surrogate's Court of Suffolk County, personally or by registered mail,. such deed or instructions to petitioner, HaaHCi aoLSx ,and such policy of insurance to the beneficiary narne~l therein, without removing any other article therefrom. File No. 2010-2024 ~ M. L"`ZYGIER, JR. SURROGATE 930a11p. 0:~061ad ~~tii~3i~ ~ ~~~~ /"i""\ Author' alion to ,freak O en a e De os~t Box Financial Center 1~y~~ne ~d 3~,i~tmber Both of the keys to my (our) Safe Deposit Box Number have been misplaced. So that I (we) may have access to this box, 1(we) request and authorise Citibank to employ a Locksmi t fvreibly open the lock on this box in my presence or in the presence of 1 G (Name of delegate). I (we} agree to hold Citiba k harmless and release Citibank from any and all liability arising out of or in conjunction with this box opening. I (we} agree to pay the surn of $ _ to cover the expense of opening the box and i~n~talling a new~lock. Lessee (Joint) Z0'd ~~~ 0 ~~ ~~,~c „Y6.1c ~ urdZr dour!- ~vrlP,~' This is to certify that t (we) have witnessed the opening of Safe Deposit Box Number ~~~ by a locksmith. (Lessee- Joint) (Locksmith) (Authorized Ba Signature) Rev. 9/18/2002 ~x « ~' Wti SZ:90 0T0Z-ZT-'lfl!' Safe Deposit Box Notarial Certificate & Inventory of Contents (New York) £0'd 1, ~~~~ ~i A ~, ~ a Notary Public duy qualified and swum, residing at ~~~ ('Safe') leased in the }~~ - r, ~ ew York do hereby certify that Safe Deposit Box Number name of ~~ ~ ~ . t J' G ,was opened on ~ ~ ~ , 20 ~, in my presence end in the presence of the Undersic~ne~i Officer of Clt~ank designated by Citibank, and the contents thereof, if any, were removod and Inventoried. Such opening of the Safe Deposit Sox was conducted ~~~ order to inventory contents. The vontents of said Safe Deposit Sox are listed below and on the Supplementary Pages, if any, attached hereto. . W ~ to Openi and Irn tory: .~~''' Cftibank Offi r otary Public lease affix signet stamp and seal. PJATRICIII- /-. i.10-TTA Nosy Flo. ~ a INwrYb~k IfVa ~vnra OuedlAea to vuMoNc Qaut<l~- aa2oa~ QommasEon ~. o? 0 ~ ~~~~~ `~ "~ wd 9z : ge e z ez-z z -~nr Supplementary Pages to are attached and incorporated. In witness whereof, i have set my hand and the aeal of my office thla~! .~ day of SELTZER SUSSMAN HABERMANN ~ HEITNER LLP ~ ~~ 100 JERICHO QUADRANC3LE JERICHO, NEW YORK 11753 Tei: (516) 935-3600 Fax: (516} 933-3030 STEPHEN SELTZER MARTIN S. SUSSMAN BRIAN R. HEITNER GLENN I. HABERMANN {1946-2006) OF COUNSEL: ADAM B. BAYROFF ANDREW M. PETTERSEN Admitted h NY end W July 26, 2010 VIA FEDERAL EXPRESS Suffolk County Surrogate's Court Attn: Ray Palumbo, Clerk Adnnistration Department 320 Center Drive Riverhead, New York 11901 Re: Estate of James F. Hulse, Sr, a!k/a James Frank Hulse, Sr. a/k/a James F. Hulse File No.: 2010-2024 Our File No.: 10-2017 Dear Mr. Palumbo This firm represents Nancy Hulse, the daughter of the late James Frank Hulse, Sr. Enclosed for filing please find the following documents: 1. Petition for Letters of Administration along with a Combined Verification, Oath and Designation duly executed by the Petitioner on June 8, 2010; 2. Waiver of Citation, Renunciation and Consent to Appointment of Administrator of Donna Hulse dated July 20, 2010; 3. Copy of the Decedent's funeral bill, marked "Paid in Full"; 4. Citation {in duplicate); 5. Attorney's Certification; and 6. Our check in the amount of Six Hundred Twenty Five ($625.00) Dollars representing the filing fee for the Petition, along with our self-addressed stamped envelope for the return of the Citation, once issued. SELTZER $USSMAN FIABERMANN di HEITNER LLP ~a~aweJµ al o7.aut Suffollc County Surrogate's Court Attn: Administration Department July 26, 2010 Page 2 Please note that a certified copy of the decedent's death certificate was previously filed with the Court upon the filing of a Petition to Inventory Safe Deposit Box. Please be advised that on July 9th, the decedent's safe deposit box at Citibank in Bayshore was searched and no Last Will and Testament of the decedent was found. A copy of the bank's correspondence is enclosed. We would appreciate it if you would process the enclosed materials as soon as possible. Should there be any problems or questions, please call our office immediately. Thank you for your assistance, courtesies and cooperation. Very truly yours, SELTZER SUSSMA.N HABERMANN BL HEITNER LLP by: Brian R. Heitner BRH/np Encs. ~XHr~~r c ~~y~ ~. . ~ ~~~~ SELTZER SUSSMAN HABERMANN. &= HE~TNER LLP 100 JERICHO QUADRANGLE $TE. 226 JERICHO, NY.'11753 ~- i m ~ ... ~f~a t ~E~ •a DOLI.AAS iJ. tea... CHASE JPMagan Chase Bank. NA. New-York, New York f 0017 www.Chese.com u'00 5 +~ ~~~ :0 2 10000 2 ~~: ? 5 7 1 1 7 5 28u' ~x~t~~~ r c ~~.y ~ ~ SURROGATE' S COURT: STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------x In the Matter of the Petition of NANCY HULSE to Open the Safe Deposit Box of JAMES FRANK HULSE, SR. a/k/a FRANK F. HULSE, Deceased. ------------------------------------x File No.: AFFIRMATION BRIAN R. HEITNER, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following, under penalty of perjury and pursuant to CPLR §2106: 1. I am a Partner iri the laW firm Of SELTZER SUSSMAN HABERMANN & HEITNER LLP, attorneys for NANCY HULSE, Petitioner in the above-captioned proceeding. We maintain offices for the practice of law at 100 Jericho Quadrangle, Suite 226, Jericho, New York 11753. 2. This Affirmation is submitted in support of the Petition which seeks authority to open the decedent's safe deposit box. This Affirmation is also submitted to explain the inconsistency between the decedent's actual domicile and that listed on his death certificate. The information which forms the basis for this Affirmation comes from my client, NANCY HULSE, and her sister, decedent's other daughter, DONNA. 3. The decedent lived in his own home located at 79 Redmond Avenue, Bayshore, New York. On or about April 8, 2010, decedent traveled to Pennsylvania to visit with ~xr~~~ ~T ~ ~~y~ ~ his son, FRANK, JR. Unfortunately, the decedent became ill and never was able to return to his home in Bayshore. 4. Decedent's son made the final arrangements and when asked for information concerning the decedent's residence, FRANK, JR., provided his own home address as decedent's address. Nevertheless, the decedent always maintained his domicile in Bayshore, New York, and never changed his domicile prior to his death. WHEREFORE, it is respectfully requested that the Court entertain the Petition seeking to open decedent's safe deposit box; and that the Court grant such other, further and different relief as it deems just and proper. Dated: Jericho, New York June 16, 2010 BRIAN R. HEITNER ~XH,~,~ ~ rye s j ~ ~ New York State Surrogate's Court ~s~sn New York State Bar Association Official Forms Form A-1 Petition for Letters of Administration SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ADMINISTRATION PROCEEDING, ESTATE OF JAMES F. HULSE, SR. a/k/a JAMES FRANK HULSE, SR. alkla JAMES F. HULSE D TO THE SURROGATE'S COURT, COUNTY OF File No. 2010-2024 SUFFOLK __. Filing Fee Paid $ Certificates Paid $ Trustee Certs. Paid $ Prelim. Certs. Paid $ $ Bond, Fee: $ Receipt No.: No.: PETITION FOR LETTERS OF: 0 Administration ^ Limited Administration ^ Administration with Limitations ^ Temporary Administration It is respectfully alleged: 1. The name, domicile and interest in this proceeding of the petitioner, who is of full age, is as follows: Defi4ie~nnr Infnrrr»+inn Name t~iuzensrnp NANCY HULSE United States Domicile Address: Street and Number •IAA Wv~nrl~nrh Rn~~lov~rrl City, Village or Town State ZIP Code Country Commack New York 11725 United States County Telephone Suffolk 845 300-8683 Mailing Address: Street and Number (It ditten3nt tram domicne) City, Village or Town State ZIP Code Country -___ Interest: (Check One) X^ Distributee ^ Other Name Domicile Address: Street and Number City, Village or Town State ZIP Code Country County Telephone Mailing Address: Street and Number (It artterent tram domrcr-e) City, Village or Town untry interest: (Check One) ^ Distributee ^ Other !s proposed Administrator an attorney? ^ Yes ~ No [If yes, submit statement pursuant to 22 NYCRR 207.96(e); see also 207.52 (Accounting of attorney-fiduciary).] NYSBA's Surrogate's Court Form A-1 (10/06) -1- 4 2006 Matthew Bender & Co., a member of the l.exisNexis Group. 2. The name, domicile, date and place of death, and national citizenship of the above-named decedent are as follows: Decedent Information: JAMES F. HULSE, SR. (United States Domicile Address: Street and Number ?9 Redmond Avenue City, Village or Town State/Province ZIP Code Country Ba shore New York 71706 United States County Date of Death Place of Death Suffolk Ma 4 2010 Penns Ivania The Death Certificate must be filed with this proceeding. If the decedent's domicile is different from that shown on the death certificate, check box [] and attach an affidavit explaining the reason for this inconsistency. 3. The estimated gross value of: jDo not include any assets that are jointly held in trust for another, or have a named beneficiary.] {a) The decedent's personal property passing by intestacy is less than f $ (b} The decedent's real property, in this state, which is improved, passing by intestacy, is less than ~$ 100,000.00 Description of each parcel: 79 Redmond Avenue Bayshore, New York (one-half interest) Unimproved, passing by intestacy, is less than $ 0.00 Description of each parcel: NlA Total ~ 200,000.00 100,000.00 300,000.00 {c} The estimated gross rent for a period of eighteen (18) months is the sum of I $ 0.00 NYSBA's Surrogate's Court Form A-1 (10/06) -2- p 2006 Matthew Bender & Co., a member of the LexisNexis Group. ~~~~i~3~ T ~ ~ ~ ~ 7 (d} in addition to the value of the personal properly stated in paragraph (3) the following right of action existed on behalf of the decedent and survived his/her death, or is granted to the administrator of the decedent by special provision of law, and it is impractical to give a bond sufficient to cover the probable amount to be recovered therein: jBriefly state the cause of action and the person against whom it exists, including names and carrier.) ®~IVon~e {e) If decedent is survived by a spouse and a parent, or parents but no issue, and there is a Bairn far wrongful death, check here C~ and furnish name(s) and address(es) of parent(s) in Paragraph 7. jsee EPTL 5-4.4.] 4. A diligent search and inquiry, including a search of any safe deposit box, has been made for a will of the decedent and none has been found. Petitioner(s) haslhave been unable to obtain any infomnation concerning any will of the decedent and therefore allege(s), upon information and belief, that the decedent died without leaving any last will. 5. A search of the records of this Court shows that no application has ever been made for letters of administration upon the estate of the decedent or for the probate of a will of the decedent, and your petitioner is informed and verily believes that no such application ever has been made to the Surrogate's Court of any other county of this state. 6. The decedent left surviving the following who would inherit his/her estate pursuant to EPTL4-1.1 and 4-1.2: (Information is required only as to those classes of surviving relatives who would take the property of decedent pursuant to EPTL 4-1.1. state rnumber" of survivors in each class. Insert "No° in all prior classes. Insert "X° in alt subsequent classes.] a. NO Spouse (husbandlwife). b. ~ Child or children or descendants of predeceased child or children. jMust include rrrarital, nonmarital, and adopted. j c. N~ Any issue of the decedent adopted by persons related to the decedent (DRL Section 117). d. ~ Mother/Father. e. Q Sis#ers or brothers, either of whole or half blood, and issue of predeceased sistefs or brothers. f. ~ Grandmother/Grandfather. g. 0 Aunts or uncles, and children of predeceased aunts or uncles (first cousins). h. 0 First cousins once removed (children of first cousins}. NYSBA's Surrogate's Court Form A-1 {10106) -3= ~ 2008 Matthew Bender 8 Co., a member of the le~osNexis Group. £Xh`i~S/I" c dye fi 7. The decedent left surviving the following distributees, or other necessary parties, whose names, degrees of relationship, domiciles, post offce addresses and ci~zenship are as follows: jShow clearly how each person is Halsted to decedent. If Helafionship is through an ancestor who is deceased, give name, date of death and relationship of the ancestor to the decedent. See Uniform Rules 207.96(b). If person is a nonmarital person, or descended from a nonmarital person, attach a copy of the order of filiation or Schedule A. if person was adopted by any persons rlslated by blood or marriage to decedent or descended from such persons, attach Schedule B.J 7. (a) The following are of full age and under no disability: ^ Schedule A -- Nonrnarital Persons (Persons Bom Out of Wedlock) is Attached ^ Schedule B --Issue of the Decedent Who Were the Subject of an Adoption is Attached Mane Citizenship NANCY HULSE United States Domicile Address: Street and Number 100 andanch Boulevard City, Village or Taws State LP Code Country Commack New York 11725 United States Mai~ng Address: Street and Number City, YRage or Town State ZtP Code Country Relationship Dau hter Name Citizenship DONNA HULSE United States Domic~e Address: Street and Number 2 Park Avenue City. Village or Town State ZIP Code Country Airmont New York 10952 United States Mailk~g Address: Street and Numtaer City Village or Town State ZIP Code Country Relatbnship Name Citizenship JAMES F. HULSE. JR. United States 714 Ho~lestown Road City, Yrsage or Taws State Mechanicsburg Pennsylvania ZIP Code 17050 Country United States Marling Address: Street and Number City, ViQage or Town State ZIP Code Country Relationship Son Name Citizenship Domicile Address: Street and Number City, Vbiage or Town State ZIP Code Country Mailing Address: Stt~eet and Number City, Village or Town State ZIP Code Country Relationship Cont;nued on next page. NYSBA's Surrogate's Court Form A-1 (10/06) -~- ®2006 Matthew Bender 8 Co., a member of the LexisNe~ds Group. ~~~~~fr ~ ~~ ~ 7. (b) The fotlawing are infants andlor other persons under disability: ^ Schedule A -- Nonmarital Persons (Persons Bom Out of Wedlock) is Attached ^ Schedule B -- Issue of the Decedent Who Were the Subject of an Adoption is Attached ^ Schedule C ---Infants is Attached ^ Schedule D -Persons Under Disability Other than Infants is Attached Name Stroat and Cihr, Village or Town State ZIP Code Country Ma-ilKg Address: Street and Number City. Ydtage or Town State zIP Code Country Relationship Name Domicile Address: Street and Number City, Village or Town State ZtP Cade Country Mailing Addrosa: Street and Number City, Vigage or Town State ZtP Code Country Relationship Name Domictie Address: Street and Number City, Village or Town Stabs ZIP Code Country Mailing Address: Street and Number City, Yllage or Town Stste ZIP Code Country Relationship Name - - Citizenship Domicile Address: Street and Number -' City, Village or Town State ZIP Code Country Mailing Address: Street and Number City, Vigage or Town State ZIP Cade Country Relationship NYSSA's Surrogato's Court Form A-1 (10106) -$- tD 2006 Matthew t3ender & Co., a member of the l.exisNexis Group. ~'X~ii3~~" C ~v~~ i ~ 8. There are no outstanding debts or funeral expenses, except: ~ None 9. There are no other persons interested in this proceeding other than those hereinbefore mentioned. UVHEREFORE, your petitioner respectfully prays that: ^a. Process issue to all necessary parties to show cause why letters should not be issued as requested; ^b. An order be granted dispensing with service of process upon those persons named in Paragraph (?) who have a right to letters prior or equal to that of the person nominated, and who are nondomiciliartes or whose names or whereabouts are unknown and cannot be ascertained; ®c. A decree award Letters of: ~ Administration to NANCY HU[.SE ^ Limited Administration to ^ Administration with Limitation to ^ Temporary Administration to or other such person or persons having prior right as may be entitled there#o, and; ^ d. That the authority of the representative under the foregoing Letters be limited with respect to the prosecution or enforcement of a cause of action on behatf of the estate, as follows: the administrator(s) may not enforce a judgment or receive any funds without further order of the Surrogate. ^ e. That the authority of the representative under the foregoing Letters be limited as follows: Q f Further relief sought (if any): To serve without bond. Da Print Name Name of Corporate Petr"boner By Signatture Print Name line Signature of Petitioner Print Name NYSBA'a Surrogate's Court Form A-4 (10/06) -~- ®2006 Matthew Bender & Co., a member of the iexistVeoos Grasp. ~x~i~i r C ~dyc~ ~i STATE OF NEW YORK COUNTY OF SUFFOLK COMBINED VERIFICATION, OATH AND DESIGNATION For use when petitioner is to bs appointed administrator ss.: I, the undersigned, the petitioner named in the foregoing petition, being duly sworn, say: 1. VERIFICATION: I have read the foregoing petition subscribed by me and know the contents thereof, and the same is true of my own knowledge, except as to the matters therein stated to be alleged upon informa- tion and belief, and as to those matters 1 believe it to be true. 2.OATH OF ADMINISTRATOR as indicated above: I am over eighteen (18) years of age and a citizen of the Uni#ed States; and I will well, faithfully and honestly discharge the duties of Administrator of the goods, chattels and credits of said decedent according to law. t am not ineligible to receive letters and will duly account for all moneys and other property that will come info my hands. 3. DESIGNATION OF CLERK FOR SERVICE OF PROCESS: I do hereby designate the Clerk of the Surrogate's Court of Suffolk County, and his/her successor in office, as a person vn whom service of any process, issuing from such Surrogate's Court may be made in like manner and with like effect as if it were served personally upon me, whenever I cannot be found and served within the State of New York after due diligence used. My domicile is: 100 Wyandanch Boulevard, Commack, New Y~-rk 11725 of NANCY HU PdntName On _ Cfl ~ ~ ~ \ ~ ,before me, the undersigned, personalty appeared NANCY HULSE ,personalty known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged tome that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ~ ~~~~ Notary Public Commission Expires: 'S~~ y 2 y ~ 2~ ~ ~• (Affix Notary Stamp or Seat) pONIS. IvQNNE J. Noway ~~ ~7~ ~ Commissia+ ~~'~ 2~~ i~ BRfAN R. HEITNER, ESQ. Sign roof Attorney Print Name of Attorney Seltzer Sussman Habermann & Heitner LLP (S16} 935-3600 Fi»t Telephone - 100 Jericho Quadrangle, Suite 226, Jericho, New York 11753 Address -- •~------ --- ~---- _. ..._ NYSt3A'a Surrogate's Court Fonn A-1 (1OJ06) ®2006 Matthew Bender 8~ Co., a member of the l.exisNexis Gawp. ~X~/i~ir ~ ~~y ~ i L New York State Surrogate's Court Form A-8 SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ADMINISTRATION PROCEEDING, ESTATE JAMES F. HULSE, SR. a/k/a JAMES FRANK HULSE, SR. a/k/a JAMES F. HULSE, The undersigned, a distributee or creditor of the above named decedent and being of full age and sound mind hereby voluntarily appears in the Surrogate's Court of Suffolk County, New York, and waives the issuance and service of citation in this matter, renounces all right to Letters of Administration of the above captioned estate and consents that ~ Letters of Administration ^ Letters of Administration with Limitations ^ Limited Letters of Administration be issued to NANCY HULSE or any other person or persons entitled thereto without any notice whatsoever to the undersigned, and consents ® that a bond be dispensed with and hereby specifically release any claim I might have under any bond that may be filed. ^ that a bond in the amount of $ be posted. Dated: ? 20 ~ 0 ""* Signature DONNA HULSE Print Name 2 Park Avenue Address: Street and Number Airmont New York 10952 United States City, Village, orTown State ZIP Code Country Daughter Relationship NYSBA's Surrogate's Court Form A-8 (3/05) -~I - ©2005 Matthew Bender ~ Co., a member of the LexisNexis Group. ~x~/..s~T c /~~e i3 WANER OF CITATION, RENUNCIATION AND CONSENT TO APPOINTMENT OF ADMINISTRATOR (INDIVIDUAL) File No. 2010-2024 STATE OF NEW YORK COUNTY OF NASSAU ss.: On•~ ~~fic - 2~ ~a ,before me, the undersigned, a Notary Public in and for said State, personally appeared DONNA HULSE ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/ her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Commission Expires: {Affix Notary Stamp or Seal) ~ j Z " ZQ~/ Thomna I gstKtng~ perry Public, State of Nea Yollt No. O1Hpb160900 Qualified ~ F~ k ~ 12,~20~ .•......ntssion P Signature of Attomey BRIAN R. NEITNER, ESQ. Print Name of Attomey Seltzer Sussman Habermann ~ Heitner LLP j516) 935-3600 Firm Telephone 100 Jericho Quadrangle, -Suite 226, Jericho, New York 11753 Address NYSBA's Surrogate's Court Form A-$ (3/05) -2- O 2005 Matthew Bender & Co., a member of the LexisNexis Group. ~XiS'i~i,1~ C /~~y ~ i 5~ New York State Surrogate's Court New York State Bar Association C Form A-2 Administration Citation File No. 2010-2024 /A CITATION SURROGATE'S COURT, SUFFOLK COUNTY THE PEOPLE OF THE STATE OF NEW YORK, By the Grace of God Free and Independent TO: JAMES F. HULSE, JR. A petition having been duly filed by NANCY HULSE who is/are domiciled at _100 Wyandanch Road, Commack, New York 11725 YOU ARE HEREBY CITED TO SHOW CAUSE before the Surrogate's Court, Suffolk County, at 320 Centre Drive, Riverhead New York, on OCTOBER 5, 2010 at 9:30 o'clock in the Fore noon of that day, why a decree should not be made in the estate of JAMES F. HULSE, SR. a/k/a JAMES FRANK HULSE, SR, a/k/a JAMES F. HULSE lately domiciled at 79 Redmond Avenue, Bayshore, New York 1170fi in the County of Suffolk ,New York, granting Letters of Administration upon the estate of the decedent to NANCY HULSE or to such other person as may be entitled thereto. [x] Further relief sought (if any): To serve without bond. ::., _~ Y~ ._., ~, ,,r~- Dated, Atte's~ed~~lrt~d'~ed, ,, ~, AIIGIIST "2~~,;"'2018 0 , , ,,, ' ' Seal ~. ~ ;~ ._ '' . 1 :~tS ~. ~ r Seltzer Sussman Habermann ~ Heitner LLP HON. JOHN H. CZYGIER, JR. MICHAE , ~~, !,,.,~•~~t<~~~. Chief Clerk R Firm BRIAN R. HEITNER, ESQ. Print Name ofAttorney (516} 935-3600 Telephone _100 Jericho Quadrangle, Suite 22fi, Jericho, New York 11753 Address NOTE: This citation is served upon you as required by law. You are not required #o appear. If you fail to appear it will be assumed you do not object to the relief requested. You have a right to have an attorney-a#-law appear for you. NYSBA's Surrogate's Court Form A-2 (3/06) -~ - ®2006 Matthew Bender 8~ Co., a member of the LexisNexis Group. ~X/~`/~i t' r~ VERIFXCATI4N I verify that the statements made in the foregoing Answer and New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE;~~ ~~~ ~Q DATE; l ~ 2~1 C7 IN RE: Estate of James F. Hulse, Sr. : IN THE COURT OF COMMON PLEAS OF Deceased :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 10-778 CERTIFICATE OF SERVICE I hereby certify that on this date ~ 2010 I mailed a copy of certified true copy of an Answer with New Matter to the following person at the following addresses by tJ.S. Mail, delivered to: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, PA 17013 Date: onald E. Jo ri, Esq. ttorney for spondents