HomeMy WebLinkAbout01-06-11IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
REGISTER OF WILLS
PETITION FOR PROBATE AND GRANT OF LETTERS
Estate of Robert J. LaPorte
a/k/a:
a/k/a:
a/k/a:
Deceased ESTATE NO: 21- ~'~ - ~ C.P
Petitioner(s) who is/are 18 yrs of age or older, apply(ies) for: COMPLETE SECTION `A' or `B' AND "C" as
applicable:
D A. Probate and Grant of Letters Testamentary or ^Administration e.t.a., or d.b.n.c.t.a. (complete Part C also)
and aver that Petitioner(s) is/are entitled to the afot•ementioned Letters Testamentary under
the last Will of the above-named Decedent, dated 7~,i2oos and codicil(s) dated
Decedent's spouse, Mary Ann LaPorte, predeceased decedent, having died on October 6, 2009
(State relevant circumstances, e.g. renunciation, death 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
instruments offered for probate; was not the victim of a killing, was never adjudicated an incapacitated person, and was not a
party to a pending divorce proceeding at the time of death wherein grounds far divorce had been established as defined in
23 Pa. C.S.A. § 3323(8):
^ B. Grant of Letters of Administration
(If applicable, enter d.b.n., pendent lite, durante absentia, durante minoritate)
C. 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 e.t.a. or d.h.n.c.t.a., enter date of Will in Section A and complete list of
heirs); was not the victim of a killing; was never adjudicated an incapacitated person; and was not a party to a pending divorce
proceeding wherein grounds for divorce had been established as provided in 23 Pa. C.S.A. § 3323(g~xcept as fows:
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THIS SECTION MUST BE COMPLETED;
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal residence
At 709 Dogwood Terrace, Boiling Springs, Monroe Townsfiip, Cumberland County, Pennsylvania, 17007
(Street address with Post Office and Zip Code, Municipality: Township, Borough, City)
Decedent, then 74 years of age, died 12/13/2010 at Monroe Township, Boiling Springs, PA
(Month, Day, Year of death) (City and State where death occurred)
Estimated value of decedent's property at death:
If domiciled in PA
If not domiciled in PA
If not domiciled in PA
Value of Real Estate in Pennsylvania
All personal property
Personal property in Pennsylvania
Personal property in County
Total Estimated Value
Location of Real Estate in Pennsylvania: (Provide full address if possible.)
$ 700,000.00
$ 100,000.00
$ aoo,ooo.oo
Signature(s) Name(s) & Mailing Address(es)
Ann E. LaPorte
~~102 Forge Road, Boiling Springs, PA 17007
I
SS NO:
lntenm Norm KW-02 revised 12.26.10 by Cumberland County pending action by c!~e Court Page 1 of''
OATH OF PERSONAL REPRESENTATIVE
Commonwealth of Pennsylvania SS
County of Cumberland
The Petitioner(s) herein named swear or affirm 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.
Sworn to or affirmed and subscribed
before mic this
day of �� �• ��`�
k
1'7'1
For the Regrstcx co r7
Cr,
c.�
DECREE OF PROBATE AND GRANT OF LETTERS
Estate of Robert J. LaPorte , Deceased.File Number: 21- - �(
AND NOW, this U day of s) 2l,( )0 W in consideration of the Petition on
the reverse side hereon, satisfactory proof having been presented before me, IT IS DECREED that Letters
x Testamentary of Administration are hereby granted to:
(If applicable,enter c.t.a.,d.b.n.,d.b.n.c.t.a.,etc.)
Ann E. LaPorte in
the above estate and that instruments(s) dated 7/1/2005 described in the petition be
admitted to probate and filed of record as the last Will and Codicil(s) of Decedent.
nacf on Abazb Q,crA
Glenda Farner Strasbaugh, r CC 6 Gt1 d p
Register of Wills
FEES: Signature of Counsel Required to Enter Appearance
Letters....................$
Will........................ 15 , (In Atty's Signature
Codicil(s)... ..............
�0�
( ) Short Certificates 6n PRINTED Name: Bradley L.Griffie
( )Renunciations....... Supreme Court ID No.: 34349
Bond .............................
Other............................. Address: 200 North Hanover Street
.................................
••••••I.••••••••••••••••••••••• — Carlisle, PA 17013
Automation FEE.........
JCS FEE................... �� • JrC)_ Phone: (717)243-5551
Fax: (717)243-5063
TOTAL................$ 5-C
Interim Form RW-02 revised 12.26.10 by Cumberland County pending action by the Court Page 2 of 2
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LOCAL REGISTRAR'S CERTIFICATION OF DEATNi
WARNING: It is illegal to duplicate this copy by photostat or photograph.,
Fee for this certificate, $6.00 rrry ~~~~~~~~~--.
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of a~3~' Ism: Records Of dice fo errnanent filing.
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COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH •
IOS 113 REV 11:2006 VITAL RECORDS 'A ~~~~ ~~ 'Tt
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PERMANENTN CERTIFICATE OF DEATH
BLACK INK (See Instructions and examples on roverss) RTATF FILE NUaAeER
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5 Ag. ILasl &nnday) LxW@r t year under t day 6.Oate d t3icat ( .Year) 7. Bireptace ICIry and Star a >a cotadryl W Pt.ce d D.atn (chat only Dint
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7 4 rr5. February 12 , 19 3 6 Bay City , M I ^ InpNiard O ER (a+tpad.M ^ DOA ^ Nwsag Ham ®Reaiaaraa Darr - svadr:
BD Candy of Oeam Bc Cdy. Born. Twp. d Dsam Bd. Fadiry Name (R nd inftMUlidn. glw sDaet and rwrtlberl 9. Waa DeadaM d wsp~ origin? ~] No ^ Yes 10. Rxt: Artw+oan YtQan. 8ddt, whir, t*.
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Cumberland Monroe Twp. White
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709 Dogwood Terrace w,
tl Deteaents Usual Occupatxm IK~nd d worx d om our most d wortr Nfe. Do not stab reload! t2. Was Oeudant ewr in the t3. OeceWnCS Ed,cauon (Speuty only nxghaal grads comprtedl ta. ManWl Status: Horned. Wver OAarrwd. 15. Sunivmg Spouse (H wife, giw maden name)
Divorced (Spenfy)
Widowed
Krna dl WarA 14r1d of Busimu: MquWy U.S. Armed Farces? Elementary f Secondary (0-12) CoDege il-e «5+) .
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• 16. Decedents Male+g Address (street, uly: town. sun. zip coda) Decsdard's ~ ~ Monroe
Pennsylvania livana
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Cumberland
Boiling Springs, PA 17007 ~
Cltr/Bole
t?D.cotxlry
t6. Fadter's taanw tFust. rledala. Ian. suttixl 19 Aloorr's Wine (First. nadda, ntadlal sumarm)
John LaPorte Fidelis Du uis
20a. Irdonnara's Name (Type r Pnntl 20b. IMormants MaiWy Adoreae (SDeN. dry /town. sure. zp code!
Anne LaPorte 102 Forge Road, Boiling S rin s, PA 17007
21 a trletnod of Draposttan ~] Crematan ^ Donatan 21 D. Dale d Drsposltwn (Malth. day, !earl 2 tc. Plan d Dislxxulan INartr d centerry. crematory a Diner place) ltd LaraDOn (City I teen, stoma, tlp mds)
^ t3urw ^ taenwvatrromsute wpCteatafi011«DartiostAYMlorized~f Cremation Society of PA Harrisburg, PA 17109
^ ~, . ~,y ; M Medieai Examwrr / Cororrr? ~(J re5 ^ No 12 -17 - 2 010
.' ~, srgetat ~,FuneralSenr@L,censee,aparsonactalgasfyCh) rte.llCWlpNumD« zzD NanwanOAgaressaFxmry Auer Cremation Services of Pennsylvania
. ~ ~ FD-013376-L 4100 Jonestown Road, Harrisburg, PA 17109
23at any cerety@g 23a. To ale best d my Wwwbag@. dead! occurred at tM tam. dau and puce sated. {Sigrutwe and tlDei 23D. License NtxrlWr 23c. DaM Sigrrd IMtorWl. day, year)
prlysruan u not avadetd~ at Dnr d seam to
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nwma 2a-26 man W canpsua DY pers«I 2e ram d Dead) CY
_ z5. Dan Pronounces o.ea (-Aonm. say. rex) ze was Case Rekrreo w trwdical E:amawr i cororwr I« a Reason ah« trwn Cr«naeon «DonMOM.
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f@SgraWry YreSl, d1 vantrlGJdr hbnyae0rl wahout Shdwalg die eWlugy. 1151 dny orw comae on each IIr1e. r
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30a. Was an Autopsy 300 Were AulopSy FnWatgs 31. Mararr d Dsam 327.Oats d Irytxy IAbnm. day. year) 32b DescrlW Mow Irqury Occurred 32c. Pus d Nyury. Harr. Farm, StaaaL Faclay;
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of Cause d Deam? ®~m ^ H01"~
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^ Yes ~ No ^ ,t,ccdant ^ p~,n„@,y~yy, rta. ran. d merry 32e Irqury al Nlak? 32f H Transpaution Nywy (Spenyt 32g. t.acaDm d kytey IStr@et. dry / mwn. stwl
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33a Cerufwr ~cnecx any one! 39o S~gnatwe and Tine d Candwr
• CMifymg phyarcian IPnysKien ceNly~ng cause u1 osam When araJln@r pnysx:wn Was pronowxea doom and comp~@taM Item 231
To the Wst of my knowledge. death occwrod dw to Va coup(s) art0 manner as ststed_ _ _ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ® , ~ ~ ~ 7 " ~ (~
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LAST WILL AND
OF
TESTAME.~V'~'
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ROBERT J. LAPORTE
I, ROBERT J. LAPORTE, of 709 Dogwood Terrace, Boiling Springs,
Cumberland County, Pennsylvania, being of sound and disposing mind, memory and
understanding, do make, publish and declare this to be my Last Will and Testament,
hereby revoking and making void all previous Wills and Codicils heretofore made by me.
FIRST
I order and direct my Executor hereinafter named to pay all of my just debts,
funeral expenses and expenses involved or connected with the administration of my
estate, including all taxes that may be assessed in consequence of my death, as soon after
my death as is reasonably' possible from the proceeds and assets of my estate prior to any
other distributions. I direct my Executor to pay all inheritance, estate, succession and
legacy taxes, to which my estate or the transfer of any property hereunder may be subject,
and to charge such taxes as part of the expenses of the administration of my estate.
However, my Executor need not accelerate and pay those unmatured obligations which,
in his, her or its opinion, it might be proper and more advantageous to retain or renew and
pay as they become due and payable. If I do not own a burial plot or a grave marker at the
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time of my death, I authorize my Executor/Executrix, in his, her or its sole discretion, to
GRIFFIE 8~ ASSOCIATES
Attorneys At Law
200 N. Hanover Street 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 1 of 9 Chambersburg, PA 17201
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purchase a burial plot and to erect a suitable grave marker at my grave, and to expend
sums from my estate for this purpose.
SECOND
I give, devise and bequeath my entire estate of whatever nature and wheresoever
situate, together with all insurance proceeds thereon, to my beloved spouse, MARY ANN
LA.PORTE, providing that she survives me by sixty (60) days.
THIRD
Should my spouse, Mary Ann LaPorte, predecease me or die on or before the
sixtieth (60) day following my death, then I give, devise and bequeath the rest, reside and
remainder of my estate together with all insurance proceeds thereon of whatsoever nature
and wheresoever situate in equal shares to my children, SUSAN M. LA.PORTE aad
ANN E. LA.PORTE, who survive me by sixty (60) days, per stirpes. I direct my
Executor/Executrix to divide among such beneficiaries all personal property of a
sentimental or family nature (excluding cash, stocks, bonds and the like), including but
not limited to jewelry, household goods, antiques, furniture and memorabilia, in
accordance with a separate memorandum which I may place with my Will or deposit with
my attorney. In the absence of such disposition by memorandum, I direct that the said
tangible personal property be divided between my residual beneficiaries with due regard
for their personal preferences in as nearly equal shares as practical, with the value of such
dispositions being credited to the share of each respective recipient. If the said
beneficiaries do not agree to the division of the personal property provided for hereunder,
the decision of my ExecutorlExecutrix, including the decision to sell the property at
GRIFFIE 8c ASSOCIATES
Attorneys At Law
2D0 N. Hanover Street Page 2 of 9 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Chambersburg, PA 17201
public or private sale and distribute the proceeds therefrom as provided hereinafter, shall
be final and conclusive on all parties.
FOURTH
Any devise or distribution under this Last Will and Testament which is payable to
any beneficiary who may be under twenty-five (25) years of age or, in the judgment of my
Executrix, mentally disabled, shall be held in a separate trust by my Executrix as trustee
until such beneficiary reaches twenty-five (25) years of age or during such period of
disability. In the case of a beneficiary under twenty-five (25) years of age, the Trustee
may distribute up to one-half (1 /2) of the then remaining principal and accumulated
income on the request of the said beneficiary, at or after attaining twenty-three (23) years
of age; and up to the entire remaining balance of principal and accumulated interest at or
after attaining twenty-five (25) years of age. During the term of any trust created
pursuant to this Paragraph, the Trustee is authorized to expend and apply so much of the
net income and principal of each such trust as the Trustee shall consider advisable for the
health, maintenance, support, and education (including college education, undergraduate
and graduate) of each such beneficiary until he or she attains twenty-five (25) years of
age, or until all such amounts are paid out of trust. I direct that no Trustee shall be
required to give or post bond for the faithful performance of the Trustee's duties in this or
any other jurisdiction.
FIFTH
If my spouse does not survive me and it is necessary to appoint a Guardian for one
or more of my beneficiaries, then I nominate;-.,.constitute and appoint my daughter,
SUSAN M. LAPORTE, as Guardia~x~` of the person and property of each of my
GRIFE 8z ASSOCIATES
Attorneys At Law
200 N. Hanover Street 100 Lincoln Way East, Suite D
Carlisle, PA 17013 Page 3 of 9 Chambersburg, PA 17201
beneficiaries who require a Guardian. I direct that no Guardian shall be required to give
or post bond for the faithful performance of the Guardian's duties in this or any other
jurisdiction.
SIXTH
I grant my Executrix the following powers in addition to and not in limitation of
such powers as my Executrix shall hold by law:
(a) To retain all property received including the stock of any corporate fiduciary
acting hereunder, provided such property remains productive.
(b) To join in any corporation, partnership, recapitalization, merger,
reorganization or voting trust plan; to delegate authority with respect thereto;
to deposit investments under agreements and pay assessments; and generally
to exercise all nghts of investors, including but not limited to, the voting of
shares.
(c) To manage, operate, repair, improve, mortgage or lease on any terms any real
estate held or owned by my estate.
(d) To operate any business that I may own at my death.
(e) To invest any funds of my estate in any stocks, bonds, notes or other securities
or property, real or personal, without regard to the principle of diversification
or any other statute or general rule of law in his, her or its absolute discretion,
it being my intention to give my Executrix the broadest investment powers
possible, providing such investments do not unnecessarily prevent the prompt
settlement of my estate.
200 N. Hanover Street
Carlisle, PA 17013
GRIFFIE & ASSOCIATES
Attorneys At Law
Page 4 of 9
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
(f) To sell or otherwise dispose of any property, real or personal, tangible or
intangible, at any time forming a part of my estate in any manner and on such
terms and conditions as my Executrix shall see fit in his, her or its absolute
discretion.
(g) To borrow money for the payment of taxes or for any other proper purposes in
the administration of my estate, and to mortgage or pledge estate assets as
security.
(h) To compromise claims without court approval including, but not limited to,
any controversies with the United States of America or the Commonwealth of
Pennsylvania concerning estate and inheritance taxes on any interests that may
pass under this my Last Will and Testament.
(i) To distribute in cash or in kind upon any division or distribution of my estate.
(j) To undertake any and all acts deemed necessary and proper by my Executrix
for the proper, advantageous and prompt management of the settlement of my
estate.
(k) In general, to exercise all powers in the management of my estate which any
individual could exercise in the management of similar property owned in his
own right, upon such terms and conditions as to him, her or it may seem best
and to execute and deliver all instruments and to do all acts which he, she or it
deems necessary or proper to carry out the purposes of this, my Last Will and
Testament.
200 N. Hanover Street
Carlisle, PA 17013
GRIFFIE d~c ASSOCIATES
Attorneys At Law
Page 5 of 9
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
SEVENTH
No interest of any beneficiary of my estate, either in income or in principal, shall
be subject to anticipation or pledge, assignment, sale or transfer in any manner, nor shall
any beneficiary have the power in any manner to charge or encumber his interest either in
income or principal, nor shall the interest of any beneficiary be liable or subject in any
manner while in the possession of my ExecutorlExecutrix for the liability of such
beneficiary.
EIGHTH
I nominate, constitute and appoint my spouse, MARY ANN LAPORTE, as
Executrix of this my Last Will and Testament. In the event my spouse is deceased,
unable or unwilling to serve or shall cease to serve for any reason whatsoever, then I
nominate, constitute and appoint my daughter, ANN E. LAPORTE, as Executrix of this
my Last Will and Testament. In the event Anne E. LaPorte is deceased, unable or
unwilling to serve or shall cease to serve for any reason whatsoever, then I nominate,
constitute and appoint my daughter, SUSAN M. LAPORTE, as Executrix of this my
Last Will and Testament. I direct that my ExecutorlExecutrix shall not be required to give
or post bond for the faithful performance of his, her or its duties in this or any other
jurisdiction.
NINTH
I hereby declare it to be my expressed desire that my ExecutorlExecutrix employ
the law firm of Griffie & Associates, of Carlisle, Pennsylvania, for legal advice and
assistance regarding this my last Will and Testament, they having considerable
knowledge of my affairs, views and wishes respecting any matters that may arise at the
GRIFFIE ~ ASSOCIATES
Attorneys At Law
200 N. Hanover Street Page 6 of 9 100 Lincoln T~'ay East, Suite ~
Carlisle, PA 17013 Chambersburg, PA 17201
probate of this instrument, the administration of my estate, and the execution of the
powers herein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal to this, my Last
Will and Testament, consisting of nine (9) typewritten pages, the first six (6) of which
~..i--
bear my signature on the side margin, for purpose of identification, this /
day of , 2005.
WITNESS:
Gi/1 C
200 N. Hanover Street
Carlisle, PA 17013
BER J.LAPORTE
GPIFFIE ~ ASSOCIATES
Attorneys At Law
Page 7 of 9
100 Lincoln Way East, Suite D
Chambersburg, PA 17201
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
I, ROBERT J. LAPORTE, the Testator whose name is signed to the attached or
foregoing instrument, having been duly qualified according to law, do hereby
acknowledge that I signed and executed the instrument as my Last Will and Testament;
that I signed it willingly, and that I signed it as my free and voluntary act for the purposes
therein expressed.
ROBERT .LAPORTE
Sworn or affirmed and acknowled ed before me b the Testator this ~ ~~
g Y
day of `~ , 2005.
,~
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l11~TARtAL SfAI
1.6QSHQRN, NOTARY PUBLIC
~ARb_ CUMBERLAND COUNTI'
GRIFFIE & ASSOCL9 TES
Attorneys At Law
200 N. Hanover Street Page $ of 9 100 Lincoln N'ay East, Suite D
Carlisle, PA 17013 Chambersburg, PA 17201
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA.:
SS.
COUNTY OF CUMBERLAND
WE, 1~ and ~~~~~ ~.,- ~.~~~~~ ,
the witnesses whose names are attached to the foregoing document, being duly qualified
according to law, do depose and say that we were present and saw the Testator sign and
execute the instrument as his Last Will and Testament; that he signed willingly and that
he executed it as his free and voluntary act for the purposes therein expressed; that each
subscribing witness in the hearing and sight of the Testator signed the Last Will and
Testament as witnesses and that to the best of our knowledge the Testator was at the time
18 or more years of age, of sound mind and under no constraint or undue influence.
Sworn or affirmed and subscribed
and ~ this ~~ day of
~~
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Notary Public
NOTARIAL SEAL
ROBIN 1. GOSHORN, NOTARY PUBLIC
CARLISLE BORO., CUMBERLAND COUNIY
MY COMMISSION EXPIRES APRIL I7 2007
200 N. Hanover Street
Carlisle, PA 17013
GPIFFIE ~ ASSOCIATES
Attorneys At Law
Page 9 of 9
l00 Lincoln Way East, Suite D
Chambersburg, PA 17201