HomeMy WebLinkAbout04-02-13 PETITION FOR GRANT OF LETTERS
REGISTER OF WILLS OF U M f3 EZV-*A& COUNTY,PENNSYLVANIA
Petitioner(s) named below, who israre 18 years of age or older, applv(ies) for Letters as specified below, and in
support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form:
Decedent's Information
Name: F Arry- File No:
a/k/a:sari dmat Sr. (Assigned by Register)
a/k/a:
a/k/a:
Date of Death: Age at death: Y
Decedent was domiciled at death in CkM ler/anq( County, 14"h 1Y�✓�_ (state)with his/her last
principal residence at ' Ar''Ys ChtmliDe'ft 4W,AW
Street address,Post O ce and Zip Code Clty awns or Borough County
Decedent died at m rk /d ,A/ sf a
Street address,Post Office and Zip Code it ownship or Borough County state
Estimate of value of decedent's property at death:
If domiciled in Pennsylvania............................All personal property $ '62, P AO,°D
If not domiciled in Pennsylvania. ....................... Personal property in Pennsylvania $
If not domiciled in Pennsylvania. .......................Personal property in County $
Value of real estate in Pennsylvania......................................................... $ sT acL+?•a 0
TOTAL ESTIMATED VALUE.... $ ,br
Real estate in Pennsylvania situated it. / &gkkja Aiw JJiF
(Attach additional sheets,ifxecessary) Street address,Pos Ottke and Zip Code ow Borough County
❑ A. Petition for Probate and Grant of Letters Testamentary
Petitioners)avers he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated.M f/ G��g/ and Codicil(s)
thereto dated �,��d /�'�j
State relevant circumstances(eg.renunciation,death of executor,ate)
Except as follows:after the execution of the instrument(s)offered for probate Decedent did notmarry,was notdivomed,was not a party to a pending
divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have a child born or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
PNOEXCEPTIONS []EXCEPTIONS
❑ B. Petition for Grant of Letters of Administration (If applicable)
c.t.a.,d.b.n.,db.n.et.a.,pendmic fire,durante absentia,duranteminaritate
If Administration,Gta.or db.n.r ta.,enter date of Will in Section A above and complete list of heirs.
Except as follows: Decedent was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined
in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adjudicated an incapacitated person.
❑NO EXCEPTIONS ❑EXCEPTIONS
Petitioner(s),after proper search has(havc ascertained that Decedent left no Will and was survived by tholowing spousi(lany�dfpirs(attach
additional sheens if necessary): Z AM : G;. n
— O
Name Relationship --f a
C?
G t7 p —p 'st
C) Q tt
' N M
form RW-02 rev.1WI112071 Page I of 2
Oath of Personal Representative Official Use only
COMMONWEALTH OF PENNSYLVANIA }
} SS:
COUNTYOF CUM( LtlltlD }
Petirioner(s)Printed Name Petitioner(s)Printed Address
rI 4rtz J'r i 17 2n Za
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"x ca va za
The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are true and to i ba*of Q 3nowl geoid belief
of Petitioners)and that,as Personal Representative(s)of the Decedent,the Petitioner(. will ell and truly mtt the estAsatco law.
t"
Sworn to ar ffirmed a subscribed before �„ D -
me thi _ day of Dtte+ -rt
BY _ .. r4 4 Daze
For the Register Date
BOND Required:Q YES MNO To the Register of Wilts:
FEES: Please enter my appearance by my signature below:
Letters. ...... ............... a– ca Attorney Signature:
( � )Short Certifies[.(.)......
( }Renunciation{s}... ......
{ )
Codicil(s). ... ... ...— --t
{ )Affidavit(.)... ... ...... N .-les 4F I
Bond....... . .... ...... .. .... Printed Name: t
Com ' sio . . ..... .. Supreme Court
Other .� n. —5.0t ID Number: 38S/
"... i� LL-1
.... Firm Name:
.. .. ... --� ~� Address: OrlSer a�aW
Phone: 717 7"-,o zo,?
Automation Fee. .............. d& Fax; 7 Zf4L Zt7j
JCS Fee. . .. . . ...... . ........ - at*ae�=- Email. 2 slG
TOTAL. ... . . .. . ...... . ..... S
DECREE OF THE REGISTER
Estate of EQ�� /�+f exko Earl A�-yz,lr" File No: .+ /'/3
allc/a:
AND NOW, C rTd1 ' ]��� in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT I5 DECREED that Letters TQSr+r
are hereby granted to EatI F AI-z, ,Tr•.
in the above estate and(if applicable)that
the instr unent(s)dated AI L. 1991 Cod
described in the Petition be adt4litted to probate and filed oerecord as the last i1T(and Co ' il(s))of Decedent.
Aegisterof Wills
Form RW-02 rev.1011112011 t� T V s � Page 2 of 2
L A S T W I L L
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r\>EARL F. ART Z Cn acs
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I, Earl F. Artz, of Mechanicsburg, Cum'be .andr\.)C , f
f
Pennsylvania, do hereby declare this to be my Last Wilms a d'%o
hereby revoke all prior Wills and Codicils heretofore made by me.
1. My wife, Doris A. Artz (hereinafter referred to as "my
wife") , and I presently are the joint owners of a residence
located at, and known and numbered as 104 Cockleys Drive,
Mechanicsburg, Cumberland County, Pennsylvania, which is our usual
home. If my wife survives me and at my death, our home, whether
it be the one which we now own described above or one which is
hereafter acquired by us, is held in any manner which will not
result in the passage to my wife of full title to such home by
operation of law, I hereby give and devise my entire interest in
such home to my wife. If my wife survives me, I specifically
authorize my executor to apply assets of my estate to the
satisfaction and discharge of any mortgages, liens and other
encumbrances, together with all interest accrued thereon, which
may exist with regard to such home at the time of my death,
whether passage to my wife of title to such home is by operation
of law or under this paragraph 1. If my wife does not survive me,
then our said home shall pass as part of my residuary estate
Earl F. Artz
-1-
hereunder.
2. I hereby give and bequeath to my wife, if she survives
me, my entire interest in and to any and all furniture, antiques,
clothing, jewelry, pictures, statuary, works of art, silver,
plate, ornaments, bric-a-brac, tapestry, household goods, utensils
and supplies, books, linen, china, glass, automobiles, horses,
boats, plants, implements, and tools that may be in, at or about
our home at the time of my death, and all of my other tangible
personal property, together with all policies of insurance
thereon.
If my wife does not survive me, all of the property above
described in this paragraph 2, I give, bequeath and devise to my
son, Earl F. Artz, Jr. In the event that I am not survived at my
death by my wife or by my son, Earl F. Artz, Jr. , then all of the
property which they would have taken under this paragraph 2 had
they survived me shall pass as part of my residuary estate
hereunder.
3. If my wife survives me at my death, I hereby give, be-
queath and devise to her all of the rest, residue and remainder of
my property and estate, of whatsoever nature and wheresoever situ-
ate, together with all policies of insurance thereon.
4. If my wife does not survive me, then all of the rest,
residue and remainder of my property and estate, of whatsoever
nature and wheresoever situate, together with all policies of
r
Earl F. Artz
-2-
insurance thereon, I hereby give, bequeath and devise to my son,
Earl F. Artz, Jr. If my said son does not survive me then all of
the rest, residue and remainder of my property and estate, of
whatsoever nature and wheresoever situate, together with all
policies of insurance, I hereby give, bequeath and devise as
follws:
(a) Two-thirds (2J3rds) of my estate to be divided in equal
shares among the issue of my son, Earl F. Artz, Jr. , per stirpes.
(b) One-third (1j3rd) of my estate to be divided equally
between my step-grandchildren, William K. Westhafer, Jr. and
Nicole L. Westhafer, or to their issue, per stirpes.
5. In the event that my wife and I die simultaneously or
under such circumstances that it cannot be established which of us
died first, then my wife shall be deemed to have predeceased me
for all purposes under this Will.
6. Should any legatee or devisee under this Will die within
ninety (90) days after the date of my death, he or she shall be
deemed to have predeceased me for all purposes under this Will.
Provided, that if my wife survives me at my death but dies within
ninety (90) days thereafter, she shall have for and during that
portion of such ninety (90) day period as she in fact is alive
after my death the right to the use and enjoyment as a life tenant
of all property in which her interest hereunder will fail by
re son of her death within said ninety (90) day period.
Earl F. z
_3_
7. No statutorily provided interest shall be allowed or
paid on the gifts made under this Will. All net income of my
estate realized during its administration shall pass and be dis-
tributed to my wife under paragraph 3 hereof, or to the residuary
beneficiaries under paragraph 4 hereof in proportion to their re-
spective shares of my residuary estate passing thereunder, as the
case may be, with no requirement that such income be accrued for
or apportioned between any successive beneficiaries hereunder.
8. No interest of any beneficiary hereunder in either the
principal or income of my estate shall be subject or liable in any
manner while in the possession of my executor to anticipation,
pledge, assignment, sale, transfer, charge or encumbrance, whether
voluntary or involuntary, or for any liabilities or obligations of
such beneficiary whether arising from his or her death, debts,
contracts, torts or engagements of any type.
9. Any amounts, either of income or principal, which are
payable to a minor under this Will may at the sole discretion of
my executor be paid either to a parent of such minor, to a guardi-
an of the person or of the estate of such minor, to the person who
has custody of such minor, or directly to such minor, or applied
to or for the benefit of such minor. The receipt by such parent,
guardian, custodian or minor, or evidence of the application of
such amount for the minor's benefit, shall be a full and complete
ischarge f my ex utor to the extent of such payment or applica-
arl F. Artz
_4_
tion.
lo. Except as otherwise restricted, directed or provided in
this Will, or required by law, in the administration of my estate
hereunder, the fiduciaries serving under this Will shall have the
following powers, which may be exercised without leave of court,
in addition to those powers as my said fiduciaries may have by
law:
(a) At any time, to retain any assets, invest-
ments or property in the form held by them at the time
of my death or thereafter, and to invest and reinvest
any funds which they may hold in any stocks, bonds,
notes or other securities, or in any other property,
real or personal, tangible or intangible, or mixed, or
interests therein, wheresoever situate, as and in such
proportions as they may deem best, notwithstanding that
such investments may not be of a character allowed to
fiduciaries by statute or general rules of law.
(b) To sell, exchange, grant options upon, or
otherwise dispose of any property, real or personal,
tangible or intangible, or mixed, or interests therein,
wheresoever situate, at any time held by them, at
public or private sale, for cash or upon credit, in
such manner, to such persons, and at such price, terms
and co ditions as they may deem best, and no person
a�F. Artz
-5-
dealing with them shall be bound to see to the
application of any funds paid to them.
(c) To manage, operate, repair, improve, parti-
tion, subdivide, or lease for any term any real estate
or personal property at any time held by them, where-
soever situate, and to enter into agreements for the
same.
(d) To borrow money for the payment of taxes or
for any other proper purposes in the administration of
the property held by them upon such terms as they may
deem advisable, and mortgage, pledge or encumber any
real and/or personal property held by them as security
therefor.
(e) To distribute in cash or in kind, or partly
in each, and in shares different in kind from other
shares, upon any division or distribution of any pro-
perty which they hold.
(f) To adjust, settle, compromise and arbitrate
claims, to renew or extend the time for payment or
i
otherwise modify the terms of any obligation payable to
or by my estate, and to abandon any property held by
them which is of little or no value.
(g) To retain and pay agents, employees, accoun-
tant nd coun�s_el, including but not limited to legal
Earl F. Ar
and investment counsel or advisors, brokers, banks,
custodians and other agents, for advice and other
professional services, and to delegate to them such
duties, rights and powers as my fiduciaries may deter-
mine for such time periods as they may deem necessary.
(h) To allocate, in their discretion, any receipt
or item of income, or disbursement or item of expense,
to principal or income, or partly to each.
(i) To hold assets in bearer form, and to regis-
ter securities and other assets in their own name or in
the name of a nominee with or without indicating the
fiduciary character thereof.
(j) with respect to any securities held by them,
to join and participate in any merger, reorganization,
voting trust plan or other concerted action of holders
of securities for the deposit of securities under
agreements and payment of assessments, to subscribe for
stocks and bonds, to give proxies, to grant, obtain or
exercise options, and generally exercise all rights and
powers of holders of securities, and to delegate dis-
cretionary duties with respect thereto.
(k) With respect to the stock of any close or
other corporation, partnership interest or other
business held by them hereunder: to disregard any
Ear I Artz
-7-
principle of investment diversification and retain any
part or all of it for so long as they may deem
advisable; to participate actively in its management
and receive compensation for such services in addition
to any other compensation payable to my fiduciaries; to
do anything that they may consider appropriate with
regard to its operation, expansion, reduction,
liquidation or termination or any change in its
purpose, nature, or structure; to delegate authority or
duties to any director, stockholder, manager, partner,
employee or agent, and to approve its payment of
reasonable compensation to any such person; to cause it
to borrow money at reasonable terms from the banking
department of any corporate fiduciary hereunder
notwithstanding any contrary law regarding conflict of
interests; and to make additional investments in it if
such action appears to be in the best interests of the
beneficiaries hereunder.
(1) With respect to any policies of insurance
forming a part of my estate: to continue such policies
in force and to pay the premiums on such policies out
of income or principal; to obtain the cash surrender
value, if any, of any such policies which insure the
lives f others and add the same to principal, or con-
Earl F. Ar z
-8-
vert any such policies insuring the lives of others to
permanent paid-up insurance (unless in either case such
policies are specifically bequeathed in this Will) ; and
to deal with such policies in any way that my fiduci-
aries may determine to be in the best interests of the
beneficiaries hereunder, including the right to borrow
on such insurance policies in order to pay the premiums
thereon.
(m) To the extent permitted by law, to exercise
any election, right or privilege given by federal tax
laws, or the tax laws of Pennsylvania or of any other
jurisdiction, including but not limited to the joinder
with my wife in filing income tax returns, the joinder
with my wife in filing gift tax returns with respect to
gifts made by her or by me or by both of us prior to my
death, the consent on gift tax returns to have any gift
made by her considered as made in part by me for gift
tax purposes, the determination of proper taxes, in-
terest and penalties and the payment thereof even
though not attributable in whole or in part to income
or gifts from my property or estate and without re-
quiring my wife, her estate or her legal representative
to indemnify or reimburse my fiduciaries for taxes (or
penalties or interest thereon) attributable to my wife,
Earl F. Artz
-9-
the election of alternate valuation for federal estate
tax purposes, the election to have assets or property
of my estate or otherwise includable in my gross estate
for federal estate tax purposes treated as qualified
terminable interest property for the purpose of quali-
fying the same for the federal estate tax marital
deduction for my estate, and the election to claim
deductions for death tax purposes or for income tax
purposes, and for their exercise or non-exercise of any
such election, right or privilege to make or not make
in their discretion equitable or compensatory
adjustments as between income and principal of my
estate or any part thereof, or as between any
beneficiaries thereof or their shares therein, all
without the consent of any beneficiary hereunder.
(n) To make from time to time partial distribu-
tions in varying amounts to the beneficiaries hereunder
prior to final settlement and distribution of my
estate, and in connection therewith to determine in
their discretion the time or times when such partial
distributions may require recomputation of said bene-
ficiaries' proportionate interests hereunder for the
equitable allocation of income or on account of
changing asset values pending final distribution.
Earl F.A Aftz
-10-
(o) To receive, collect and recover the interest,
rents, profits, proceeds, gains, and other earnings and
income of and from the property held by them hereunder.
(p) In general, to exercise all powers in the
management of the assets and property held by them
which any individual could exercise in the management
of similar property owned in his own right, upon such
terms and conditions as to them may seem best, and to
execute and deliver all instruments and to do all acts
which they may deem necessary or proper to carry out
such management and their duties under this Will.
11. I hereby appoint my wife to serve as executrix of my
estate hereunder. Should my wife be unwilling or unable, fail to
qualify, or cease to act as such executrix, I hereby appoint my
son, Earl F. Artz, Jr. , presently of Mechanicsburg, Pennsylvania,
to serve as my executor under this Will.
12. If my wife predeceases me, I hereby name and appoint
Dauphin Deposit Trust Company, presently of Harrisburg,
Pennsylvania, to act as the guardian of the property and estate of
any child who has not attained the age of majority as of the date
of my death, it being my intention to make this appointment
effective in all cases where permitted under the laws of the
Commonwealth of Pennsylvania. Said guardian shall have the
ower and authority, exercisable in its sole discretion and
L Lr"
Earl F. Artz
-11-
without seeking or obtaining prior court approval thereof, to
apply or expend so much of the net income and if necessary or de-
sirable the principal of such minor's property or estate as the
guardian may deem advisable to or for the minor's care, mainte-
nance, support, health, education, or other proper purposes
beneficial to the minor, without regard to such minor's other
sources of support or funds.
13. The fiduciaries named or appointed in this Will, in-
cluding any guardian of the estate of any minor child, shall not
be required in any jurisdiction to file, enter or post any bond or
other security for the faithful performance of their duties
hereunder, and shall not be liable for the acts, omissions or
defaults of any agent appointed by them with due care.
14. Subject to the restriction hereinafter set forth, I
direct that all estate, inheritance, legacy, transfer, succession
and death taxes, of whatsoever nature or kind and by whatsoever
jurisdiction imposed, and all interest and penalties thereon,
which may be payable or assessed in consequence of my death,
whether or not with respect to property passing under this Will,
shall be paid out of and charged against the principal of my
residuary estate in the same manner as are general administration
expenses of my estate so that all property subject to said taxes
shall be and pass free and clear thereof, without apportionment of
o reimburse ent for such taxes, interest or penalties among any
Earl F. Ar z
-12_
beneficiaries, transferees or other persons interested in such
property and without any right of my estate or executor to contri-
bution, recovery or collection for the same. Taxes on any future
or remainder interests hereunder may be prepaid at and in the
election and discretion of my executor to the extent permitted by
law. In no event, however, shall my executor pay from or charge
against my residuary estate or any part thereof, any taxes imposed
upon generation-skipping transfers under the Internal Revenue Code
of 1986, as amended., or any penalties or interest thereon.
15. I direct that all expenses of my funeral and last
illness be paid from the principal of my residuary estate as soon
as is practicable after my death.
IN WITNESS WHEREOF, I, the said Earl F. Artz, hereby set my
hand to this my Last Will, typewritten on and consisting of these
fifteen (15) sheets of paper, at the bottom of each of the
preceding pages of which I also have placed my initials, on this
10th day of May, 1991.
i
Earl F. rtz
-13_
On this 10th day of May, 1991, Earl F. Artz declared to us,
the undersigned, that the aforegoing instrument was his Last Will,
and he requested us to act as witnesses to the same and to his
signature thereon. He thereupon signed said Will in our presence,
we being present at the same time. We now, at his request, in his
presence, and in the presence of each of us, hereby subscribe our
names as witnesses thereto and have placed our initials at the
bottom of each of the preceding pages. By so doing, each of us
declares that he or she believes this testator to be of sound mind
and memory. p
residing at,-?() 1&,- c "If .�J�►, °�'1
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residing at
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COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF Cu-46erla.v►01
: SS.
I, Earl F. Artz., testator, whose name is subscribed to the
attached foregoing instrument, having been duly qualified accord-
ing to law, do hereby acknowledge that I signed and executed such
instrument as my Last Will, and that I signed and executed it
willingly and as my free and voluntary act for the purposes
therein expressed.
Sworn or affirmed to and acknowledged before me, by Earl F.
Artz, the testator, this 10th day of May, 1991.
Earl F. Artz
Notary Public
My Commission Expires:
VA 1�N
-14-
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1 • + f M
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CO"' C D r,a^kA SS.
We, a �dtmtc, ,
the witnesses whose names are sighed to the attached foreg nq in-
strument, being duly qualified according to law, do depose and say
that we were present and saw Earl F. Artz, the testator, sign and
execute such instrument as his Last Will; that such testator
signed such instrument willingly and executed it as his free and
voluntary act for the purposes therein expressed; that each of us
in the hearing and sight of such testator signed such Last Will as
a subscribing witness thereto; and that to the best of our
knowledge, such testator was at that time 18 or more years of age,
of sound mind and under no constraints or undue influence.
((' Sworn or affirmed to and subscribed before me by
NQtAl-.l A I:--_ . , witnesses, this 10th day of
May, 1991.
ITNESSES:
No Public
My Commission Expires:
Floy IMItl.MINH1W NOTARY PUBUCC
AKINI t,M CUMBERLAND COUNTY
40MM180ON EXPIRES NOV 12 19-
-15-
CODICIL
I, Barl F. Arts, of Mechanicsburg, Cumberland County, pennsylvania,
wish to add this Codicil to my Last Will., on this 3rd day of
September, 1996.
I leave nothing to my stepdaughter, Barbara A. Wonthafer, for many reasons
which I an sure she is well aware of.
Wrt'NBSSSS
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OATH OF NON-SUBSCRIBING WITNESS(ES)
REGISTER OF WILLS
G� u/�r3RxlAerD COUNTY,PENNSYLVANIA
Estate of 41- R L, 4—ow-1 P" t,. Sr Deceased
C)Rrles E. V and_ Fti-/ X� /r► , fir.
(each)being duly qualified according to law, depose(s)and say(s)that sloe/tea/they *W"were well-
acquainted with AFa F 1 F AJ-rz g4# Eti�^/ F /�i`7z, f�' andaEWare familiar
with the handwriting and signature of the decedent, and that the signature of AaPr/ IhAl
to the foregoing instrument.purporting to be the Last Codicil of E4,#-1 �^tz
is in hi&Qw&own proper handwriting.
X r �
(Signa r/e3 .xl�NL�s lJ (Signature)
G GouSer- it'd• l fli�wa/: Lage
(Street A�d�drt�u`) (StreetAdddra /
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Of 17P vg' I&C-M M01'eghl, 7 D SS
(City,State,zip) (C6y.State, p) '
Executed in Register's Office
Sworn to or affirmed and subscribed c `-" rn
�� � � n
before me this day r _
of 1 a x r" ro M rn
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Deputy for R ster of Wills a cn cry a
f--.
Form RW-04 rev./0.13.06