HomeMy WebLinkAbout01-13-06
Estate of
Register of Wills of Cumberland County, Pennsylvania
PETITION FOR GRANT OF LETTERS
~I.- OLo--o40
No.
Dorothv K. Laffertv
also known as
Dorothv Krakewskv Laffertv
, Deceased
Social Security No. 176-22-3950
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE "A" OR "B" BELOW:)
~
A. Probate and Grant of Letters and aver that Petitioner(s) is/are the executor named inthe Last Wllibf the
Decedent, dated October 6.2004 and codicil(s) dated "
State relevant circumstances, e.Q., 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 ofthe documents offered for
probate; was not the victim of a killing and was never adjudicated incompetent: . Cl
Ne f'f-ce/J+tcv->
.
CJI B. Grant of Letters of Administration
(c.t.a., d.b.n.c.t.a.: pendente lite; durante absentia; durante minoritate)
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:
I Name Relationship Residence I
. .
(COMPLETE IN ALL CASES:) Attach additional sheets If necessary.
Decedent was domiciled at death in Cumberland County, Pennsylvania, with his/her last family or principal
residence at 3805 Lamp Post Lane, Camp Hill, PA 17011 (Hampden Township)
(list street, number and municipality)
Decedent, thenQ years of age, died December 29, 2005, at Mayo Clinic Hospital. Maricopa County, Phoenix, AZ
(Location)
Decedent at death owned property with estimated values as follows:
(If domiciled in PAl All personal property ............................................... $ 100,000.00
(If not domiciled in PAl Personal property in Pennsylvania. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
(If not domiciled in PAl Personal property in County. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
Value of real estate in Pennsylvania .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. $ 250,000.00
Total ........................................................................... $ 350,000.00
Real Estate situated as follows: 3805 Larnp Post Lane, Camp Hill, PA
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 undersigned:
, Jr.
11 Sunset Lane
Lititz, PA 17543
Form AW-1 Page 1 of 2 (Dauphin County - Rev. 9/92)
Oath of Personal Representative
Commonwealth of Pennsylvania
County of Cumberland
The Petitioner(s) above-named swear(s) and 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 truly administer the estate
according to law.
Sworn to and affirmed and subscribed
CA1
before me this
,~tn
'-/
day of
Estate of -.Jdorothv :f(. Lafferty
}~;~E OF REGISTER
Deceased No. 8./- Q{g-- 040
L >
also known as
Dorothy Krakewsky Lafferty
Social Security No: 176-22-3950
Date of Death: December 29. 2005
AND NOW, 0ANU~.3 ,2006, in consideration of the Petition on the reverse
side hereon, satisfactory proof having been presented before me,
IT IS DECREED that Letters 0 Testamentary 0 of Administration
are hereby granted to
(e.t..a.: d.b,n.c.t.: pendente lite: durantp. absentia: durante minoritate)
William J. Laffertv, Jr.
in the above estate and that the instrument(s), if any, dated jQ..-Lo- 04
described in the Petition be admitted to probate and filed of record as the last Will of Decedent.
FEES
Letters................ ...........
Short Certificate(s) ('r..
~m:lReiation (- j...w!.~
Affidavit ( )..................
Extra Pages ( )...........
CodiciL......................... .
JCP Fee........................
Inventory & Tax Forms...
Other.. A .F..................
TOTAL................
$~
4 g ,00
15.00
~€~~
~{ l(/
$
$
$
$
$
$ 5. DO
$
$ ( 0 ;() ()
$43~{OD
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Attorney:
J.D. No:
Address:
Elyse E. Rogers
41274
415 Fallowfield Rd. Suite 301
Camp Hill. PA 17011
717-612-5801
Telephone:
DATE FILED:
JLast Will and Testament
OF
DOROTHY K. LAFFERTY
I, DOROTHY K. LAFFERTY, of Hampden Township, Cumberland
County, Pennsylvania, do make, publish and declare this to be my Last Will and
Testament, hereby revoking all Wills and Codicils by me heretofore made.
ITEM I: Familv Information. I am a widow, having
been married to WILLIAM J. LAFFERTY. I have five children: ANN ZOBRIST,
KAREN C. LAFFERTY, WILLIAM J. LAFFERTY, JR., D. COLLEEN LAFFERTY
and MAUREEN ZEPLIN. These are described in this Will as "my children," or as
"a child of mine." Any person born to or adopted by issue of mine is to be included
as issue of mine. Provided, however, no adopted person shall benefit under this
Will unless the order or decree of adoption is entered before the adopted person
attains the age of twenty-one (21) years.
ITEM II: Death Taxes. I direct that all inheritance
and estate taxes becoming due by reason of my death, whether payable by my
estate or by any recipient of any property, shall be paid by the Executor out of the
residue of my estate, as an expense and cost of administration of my estate, except
that no taxes shall be charged against any gift qualifying for the marital or
charitable deduction in my estate. The Executor shall have no duty or obligation to
obtain reimbursement for any such tax so paid, even though on proceeds of
insurance or other property not passing under this Will.
}!f/(~
Page 1
ITEM III:
Debts and Final Expenses. I direct the
Executor to pay the expenses of my last illness, my legally enforceable debts, and
my funeral expenses from the residue of my estate as an expense and cost of
administration of my estate.
ITEM IV:
Tangible Personal Property. I may leave a
written list in my safe deposit box or elsewhere disposing of certain items of my
tangible personal property. The Executor shall dispose of items of my personal
property as specified in the written list. If no written list is found in my safe
-~---""""'""~""--"""''''''-'''-''-''''''-'~~-'_'''''i_''''~'--"'_~'''''_'~.'"",,,,,,,,,,.'""'\'1
deposit ~~~.~o:t::.~l~~)Yhe:reand pl:QPf3r'ly icleI1tified by the Executor within thirty (30) ...-
'"',.................~,,--"'~.,""~..- .".." .. '. , --
~_~.after th~ p.robate of my Wili)it shall be presumed that there is no other
statement or list. Any subsequently discovered list shall be ignored. I give any
property of the type described in this Item and not set forth in a written list to my
children, to be divided among them as they shall agree.(Should there be no
agreement, the Executor shall divi~_t.h.~~ pr?perty alp._C?P:gth~mj!1:.!l_~!leal'!y,~q~9:l
por~_i._?~_~..::'-~-,!~e ExecutC?E, in the discretion of the Executor, deems appropriate,
having due regard to the personal preferences of my children.
ITEM V:
Residue. I give the residue of my estate, not
disposed of in the preceding portions of this Will, to my children, in eq~al shares. If
---------...-..........-...."... ..........
any of my children is not living at my death, ~~~.~~:..~.?~ I"!?:L.~~c~~_~~~.<;;h.!ld)?J!g.lLh.e
p~i~.,~? his or her then livillg issue, per stirpes.
ITEM VI:
Administrative Powers. In addition to the
powers granted at law, ~.!:~. Executor shall possess the following powers, each of
which shall be construed broadly and may be exercised without court approval, but
in a fiduciary capacity only:
J;:lL
Page 2
(a) To retain any investments I have at my death, including
specifically those consisting of stock of any bank even if I have named
that bank as the Executor.
(b) To vary investments and to invest in bonds, stocks, notes,
real estate mortgages or other securities or in other property, real or
personal, without being restricted to so-called "legal investments", and
without being limited by any statute or rule oflaw regarding
investments by fiduciaries.
(c) In order to divide the principal of my estate or make
distributions, the Executor is authorized to distribute personal
property and real property partly or wholly in kind, and to allocate
specific assets among beneficiaries so long as the total market value of
each share is not affected by the division, distribution or allocation in
kind. The Executor is authorized to make, join in and consummate
partitions oflands, voluntarily or involuntarily, including giving of
mutual deeds, or other obligations, with as wide powers as an
individual owner in fee simple.
(d) To sell either at public or private sale any or all real or
personal property severally or in conjunction with other persons, and
to consummate sale(s) by deed(s) or other instrument(s) to the
purchaser(s), conveying a fee simple title. No purchaser shall be
obligated to see to the application of the purchase money or to make
inquiry into the validity of any sale. The Executor is authorized to
make, execute, acknowledge and deliver deeds, assignments, options or
other writings as necessary or convenient to carry out the powers
conferred upon the Executor.
Page 3
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(e) To mortgage real estate, and to make leases of real estate.
(f) To borrow money from any person, including the
Executor, to pay indebtedness of mine or of my estate, expenses of
administration or inheritance, legacy, estate and other taxes, and to
assign and pledge assets of my estate.
(g) To pay all costs, taxes, expenses and charges in
connection with the administration of my estate.
(h) To make distributions of income and of principal to the
proper beneficiaries, during the administration of my estate, with or
without court order, in such manner and in such amounts as my
Executor deems prudent and appropriate.
(i) To exercise voting rights with respect to securities which
form a part of my estate, and to exercise all the powers incident to the
ownership of securities.
(j) To unite with other owners of property similar to property
in my estate to carry out any plans for the reorganization of any
company whose securities form a part of my estate.
(k) To disclaim any interest in property which would devolve
to me or my estate by whatever means, including but not limited to the
following means: as beneficiary under a will, as an appointee under
the exercise of a power of appointment, as a person entitled to take by
intestacy, as a donee of an inter vivos transfer, and as a donee under a
third-party beneficiary contract.
Page 4
J/t:
(1) To prepare, execute and file tax returns of any type
required by applicable law, and to make all tax elections authorized by
law.
(m) To allocate administrative expenses to income or to
principal, as the Executor deems appropriate. However, no allocation
to income shall be made if the effect of the allocation is to cause a
reduction in the amount of any estate tax marital deduction or estate
tax charitable deduction.
(n) To employ custodians of property, investment or business
advisors, accountants and attorneys as the Executor deems
appropriate, and to compensate these persons from assets of my estate,
without affecting the compensation to which the Executor is entitled.
(0) To make any adjustment to basis authorized by law,
including, but not limited to increasing the basis of any property
included in my estate, whether or not passing under this Will, by
allocating any amount by which the bases of assets may be increased.
The Executor shall be under no duty and shall not be required to
allocate basis increase exclusively, primarily, or at all to assets which
pass as part of my probate estate as opposed to other property for
which a basis adjustment is allowable. The Executor shall allocate
basis increase equitably among those beneficiaries receiving property
as a result of my death, but shall not be liable to any person, nor
subject to removal or surcharge, for any reasonable allocation of basis
Increase.
(p)
To compromise claims.
Page 5
HI!
(q) To do all other acts in the Executor's judgment deemed
necessary or desirable for the proper and advantageous management,
investment and distribution of the estate.
ITEM VII: Beneficiaries Under Age 25. If a beneficiary
under the age of twenty-five (25) years is entitled to receive assets under this Will,
the person who served as Executor of my estate shall retain those assets as
Custodian for the beneficiary under the Pennsylvania Uniform Transfers to Minors
Act. The Custodian may receive and administer all assets authorized by law, and
shall have full authority as provided in the Pennsylvania Uniform Transfers to
Minors Act to use assets in the manner the Custodian deems advisable for the best
interests of the beneficiary. I also designate the person who served as Executor of
my estate as successor Custodian of any property for which I am custodian under
any Uniform Gifts to Minors Act or Uniform Transfers to Minors Act.
ITEM VIII: Survival. Any person who has died within
thirty (30) days of my death, or under such circumstances that the order of our
deaths cannot be established by proof, shall be deemed to have predeceased me.
ITEM IX:
Executors. I make the following provisions
with respect to Executors:
(a) I appoint my son, WILLIAM J. LAFFERTY, JR., to be the
Executor.
(b) In the event that my son, WILLIAM J. LAFFERTY, JR.,
is unable or refuses to serve as Executor, my daughter, ANN
ZOBRIST, shall serve as Executor.
Page 6
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(c) The Executor shall have the right to receive reasonable
compensation for services rendered and reimbursement for reasonable
expenses.
(d) No Executor shall be liable or accountable for any loss
that may result from the good faith exercise of the authority granted in
this Will.
(e) The Executor is specifically relieved from the duty of
filing bond or entering security.
IN WITNESS WHEREOF, I have set my hand and seal to this, my
Last Will and Testament, consisting of this and the preceding six (6) pages, at the
end of each page of which I have also set my initials for greater security and better
identification this G day of () c;ol5e/_ , 20 () f.
~~ I: ~ (SEAL)
DOROT K. LAF RT
We, the undersigned, hereby certify that the foregoing Will was signed,
sealed, published and declared by the above-named Testatrix as and for her Last
Will and Testament, in the presence of us, who, at her request and in her presence
and in the presence of each other, have hereunto set our hands and seals the day
and year first above written, and we certify that at the time of the execution
thereof, the said Testatrix was of sound and disposing mind and memory.
(/Jp ~ ;1
1.J4.JJ (SEAL) Residingat //.j/(!ffl/JiJdir.J ~r
/!l-IJ-idJ ;J~ )7IJd~
rt,p 1 ~ (SEAL) Residing at /4-19 {-Idly ~ 4
Cc.y f,j)~ . pJA- 11-or~
I
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF )
I, DOROTHY K. LAFFERTY, Testatrix, 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.
AA .d. 1:. .Y!u. -#---- (SEAL)
~~~;M; K. ~~ty
Sworn to and subscribed before
me this La h day of 0 c.:fv ~
, 20 tJ.f
~~u
Notary Publ c
My Commission Expires:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
NOT ARIAL SEAL .
CYNTHIA J. RULE, Notary PublIC
Camp Hill !3<>ro" ~umberland Cou~
My CommisSion EXpires FIWru 3.
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF )
We, dM/r ,I) d'bJ/
and E../rz.t:Ikfh r (;ldsK,;'
the Witnesses whose names are signed to the attached or foregoing instrument,
being duly qualified according to law, do depose and say that we were present and
saw Testatrix, DOROTHY K. LAFFERTY sign and execute the instrument as her
Last Will and Testament; that Testatrix signed willingly and that she executed said
Will as her free and voluntary act for the purposes therein expressed; that each of
us in the hearing and sight of the Testatrix signed the Will as Witnesses; and that
to the best of our knowledge the Testatrix was at that time eighteen (18) or more
years of age, of sound mind and under no constraint or undue influence.
!;j,Jll) Ii JJ~
Witness
u~ ,f $.4+
Witness
Sworn to and subscribed before
me this I.J ~ day of D CL.:fo ~
,20D+
~~
My Commission Expires:
(SEAL)
COMMONWEAL.TH OF PENNSYLVANIA
NOT ARIAL SEAL
CYNTHIA J RULE, Notary Public
Damp Hill Boro. Cumberland Coun.ty
My Commission Expires Febru 3. 2008