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HomeMy WebLinkAbout03-27-14 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below,and in support thereof aver(s)the following and respectfully requests the grant of Letters in the appropriate form: Barbara Artis Decedent's Information � Name: Donnie Artis File No: 21-14 ° a/k/a: Donnie Carl Artis (Assigned by Register) a/k/a: Donnie C.Artis a/k/a: Social Security No: Date of Death: 01/27/2014 Age at Death: 58 Decedent was domiciled at death in Cumberland County, pA (State)with his/her last principal residence at 22 Big Horn Avenue,Mechanicsburg 17055 Upper Allen Cumberland Streel address,Post Office and Zip Code City,Township or Borough County Decedent died at Harrisburg Hospital, Harrisburg Dauphin PA Streel address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedenYs property at death: t���v G� If domiciled in Pennsylvania...................... All personal property $ Unknown Ifnot domiciled in Pennsylvania................ Personal property in Pennsylvania $ Ifnot domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ Unknown TOTAL ESTIMATED VALUE $ j p��p G Real estate in Pennsylvania situated at (Attach additional sheets,if necessary.) Street address,Post Office and 2ip Code City,Township or Borough County �A. PP+�+ion for Probate and�rant of Letters Test?mentarv Petitioner(s)aver(s)that he/she/they is/are the Executor(s)named in the Last Will of the Decedent,dated 12/07/1992 and Codicil(s) thereto dated State relevant circumstances(e.g.,renunciation,death of executor,etc.) Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein th2 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. �NO EXCEPTIONS � EXCEPTIONS ❑ B. Pe+ition for Grant of Letters of Administration (If applicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,pedente lite,durante absentia.durante minoritate If Administration,c.t.a or d.b.n.c.t.a.,p�+�r date of�"rll in Section A above and comolete list of heirs. Except as follows:Decedent v�as not a party to.pending divorce proceeding wherein the grounds for divorce had been establisherd as defined in 23 Pa.C.S.§3323(g)and�Nas neither the victim of a killing nor ever ad�udicated an incapacitated person. c; � c� � � � �NO EXCEPTIONS � EXCEPTIONS � Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the follow�s�buse(if a and�ir�ttach additional sheets,if necessary): r+'t � c;� � �� � �,-{ � 3� � � t�'t �T1 Name Relationship Address -� U'. '` f- ca c� � o `n c� a -h � � -=� . � o� � rn � � � Form R{N�2 rev.10-11-2011 Copyright(c)2011 form soflware only The Lackner Group,Inc. Page 1 of 2 Oath of Personal Representative OfficialUseOnly COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Barbara Artis 22 Big Horn Avenue o Mechanicsburg,PA 17055 � c :� � � 0 717-6 -1024"!� n m � � � vi � _¢ Q r—�— � � (^� d"T.'! ►"rl .� . ;;�,ti :J Q C7 �"� � � 'T7 'Tl C'7 0 —r'� � ;� � : � QUU P" � �--I P` � � N -Qrt � The Petitioner(s)above-named swear(s)or affirm(s)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 he De dent,Petition,/e�r(s)will well and truly administer the estate according to law. Swom to r ir ed and s scribe before •�����y a�� ry(� Date ��`�-2 Z'`� me thi C�y / Date Date By: r e Register Date BOND Required? ❑ YES � NO To the RegisterofWlls: ,/['.0 0 Please enter my appearance by my signature below: FEES: ��`� Letters.......................................... $ �— Attomey Signature: - ,. ( 10 )Short Certificate(s)......... 50.00 -- ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Wm.D.Schrack III Esq. Bond............................................. Supreme Court Commission.................................. ID Number: 15893 Other Will 15.00 Inheritance Tax Return 15.00 Firm Name: I nventorv/Aff i dav i t �S-�� Address: 124 W.Harrisburg Street Dillsburg,PA 17019-1268 Phone: 717-432-9733 Automation Fee............................ 5.00 Fax: 717-432-1053 JCSFee....................................... 23.50 TOTA L......................................... $ E-mail: schracklaw@comcast.net � � C EE OF THE REGISTER Date of Death: 01127/2014 Social Security No: 246-92-8854 Estate of Donnie Artis File No: a/k/a: Donnie Carl Artis Donni C.Artis AND NOW, , � , ,in consideration of the foregoing Petition, satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary are hereby granted to Barbara Artis in the above estate and(if applicable)that the instrument(s)dated 1210711992 described in the Petition be admitted to probate and filed of record as e I Will(a d C icil(s))of e dent. ' ro Wills Copyrighl 2011 form software only The Lackner Group,Ina �`� _ _ REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA I 6 • IT No. 2014- 00285 PA No. 21- 14- 0285 Es ta te Of: DONNIE ARTIS (Fi�st,Middle,Last) a/k/a: DONNIE CARL ARTIS DONN/E C ART/S La te Of: UPPER ALLEN TOWNSH/P CUMBERLAND COUNTY Deceased Social Security No: WHEREAS, on the 27th day of March 2014 an instrument dated December 7th 1992 was admitted to probate as the last will of DONNIE ARTIS (Fiist,Middle,LasU . a/k/a DONN/E CARL ARTIS DONNIE C ARTIS la te of UPPER ALLEN TOWNSH/P, CUMBERLAND County, who died on the 27th day of January 2014 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, L/SA M. GRAYSON, ESQ. , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: BARBARA ARTIS who has duly qualified as EXECUTOR(R/X) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 27th day of March 2014. ocs� N ' ,� } � � l_�i�,�• , � � � w ,_,, � �.,. CL Ca CC ' Register o •^:. t�' g� � � O t�7 ��j O t;.'> � � � � ��` �/� C] �'e,°: -�„� cr� '"— Depu EA.! �r.i � E.1.! � � C7 �-- � .�.J Q � O � � � f� � C� � E C� � . � Ld! � � r-S-ti O � C�^J'. V **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LASTJ � c� � � � � x' 3� U? o m � � � � � � D D � � '� � ^�'— � i°e ;„--� O LAST WILL AND TESTAMENT c-� o -°,-i 3 � � oc � � , � � � m OF -,� � � � a � DONNIE ARTIS I, DONNIE ARTIS, Social Security Number 246-92-8854, of the state of North Carolina, declare that I am a member of the United States . Armed Forces and that I am currently living in Kaiserslautern, Germany pursuant to Military Orders. I declare that this is my LAST WILL .AND TESTAMENT and I revoke all other wills and codicils previously made by me. - FIRST: I appoint my Wife, BARBARA ARTIS, as my Personal Representative concerning this Will. If she is unable or fails to serve, I then appoint my brother, CLAUDE ARTIS to serve as my Personal Representative. a. I request that my Personal Representative be permitted to serve without bond or surety thereon and without the intervention of � any court, except as required by law. I direct that my Personal Representative act in unsupervised administration so as to administer my estate with a minimum of court supervision. If it becomes necessary to have ancillary administration of my estate in any jurisdiction where my Personal Representative is unable or does not desire to qualify as ancillary legal representative, I appoint as such ancillary legal representative such individual or corporation as my Personal Representative shall designate, in writing. b. I direct my Personal Representative to pay the expenses of my last illness, the expenses of a funeral appropriate to my station in life and custom of living (including a suitable monument or marker for my grave) , and written charitable pledges which I have made. I grant my Personal Representative the power to exter�d or renew any debt for such time as my Personal Representative shall cteem appropriate. c. All estate, inheritance, succession and other death taxes with respect to all property passing under this my Will shall be paid from and borne by the principal of my residuary estate, without regard to reimbursement, as if such taxes were administration expenses. My Personal Representative may pay such taxes at any time deemed advisable, whether or not then due and payable. � PAGE 1 ` OF 6 PAGES �_ � �� d. My Personal Representative is requested to settle my estate as soon after my death as may be practicable, and to pay or deliver every legacy or bequest to my beneficiaries without waiting any t3.me that may be believed to be customary in probate matters. � e. I have served in the Armed Forces of the United States. Therefore, I direct my Personal Representative to consult with a Legal Assistance Attorney at the nearest military installation and with the Department of Veterans Affairs and the Social Security Administration to ascertain if there are any benefits to which my family members are entitled by virtue of my military service. � f. I may leave a letter of intent with the executed copy of this Will for the purpose of giving guidance to my Personal Representative concerning the distribution or sale of certain items of � my property. I request, but do not require, that my Personal Representative honor my wishes therein expressed. SECOND: I give, devise and bequeath, absolutely and forever, all � of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, to my Wife, BARBARA ARTIS, as her sole and absolute property if she shall survive me. THIRD: In the event that my Wife, BARBARA ARTIS shall not survive me, I give, devise and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, to PATRICK ARTIS, JASON ARTIS, and LAMAR ARTIS and to any child or children that may be born to or adopted by me, in shares _of _substantially eqnal value to be divided as they may agree. a. If any of my children shall not survive me, then I give the share of that deceased child to my surviving children in shares of substantially equal value to be divided-as they may agree. b. If none oi my children survive me, then I give, devise, and bequeath, absolutely and forever, all of my estate and property of which I may be seized or possessed, or to which I may be entitled, at the time of my death, wherever situated or of whatever nature, be it real, personal, or mixed, to the descendants of my child or children, who are to take per stirpes and not per capita, in shares of substantially equal value to be divided as they may agree. In order to receive a share of my estate under this paragraph, a descendant of any child of mine must survive me. _� PAGE 2 � OF 6 PAGES -��� �:� c. If they are unable to agree, the division among my children and the descendants of any of my children who fail to survive me shall be made by my Personal Representative, in that person's sole and absolute discretion. I empower my Personal Representative to sell any or all of such property, if such property is not distributed in kind hereunder, and to distribute the proceeds among my said children in substantially equal shares. Any determination of my Personal Representative as to what should pass or be sold under this paragraph and to whom it should pass or be delivered or at what price it should be sold shall be conclusive. FOURTH: If any beneficiary to any share of my estate which is not : subject to the provisions of any trust which may be created by this will is at the time of distribution of his or her share, a minor under the laws of his or her domicile, I direct that the minor's share be converted into qualifying property and delivered_ to the minor's Guardian as Custodian for the minor under the Uniform Gifts to Minors Act or the Uniform Transfers to Minors Act as may then be in effect in either the state in which the beneficiary or the Custodian resides, or any other state of competent jurisdiction. a. The Uniform Gifts to Minors Act or The Uniform Transfers to Minors Act, as may then be in effect in the state concerned, is hereby incorporated by reference. The property affected by the Act shall be managed, held, and distributed in accordance with the provisions of the Act. b. The financial custodian will serve without bond or surety and without intervention of any court, except as required by law. c. The receipt by the Custodian, for the minor, of any principal or income transferred pursuant to this paragraph shall be a full acquittance and discharge of my Personal Representative or Trustee, as applicable, from liability with respect to such transfer and from further accountability for the principal or income so transferred. FIFTH: Except as otherwise provided in this Will, I have intentionally failed to provide for any other relatives or other persons, whether claiming to be an heir of mine or not. Insofar as I have failed to provide in this Will for any of my issue now living or later born or adopted, such failure is intentional and not occasioned by accident or mistake. SIXTH: Any beneficiary who fails to survive u�til one hundred twenty (120) hours after my death shall be deemed to have predeceased me, and the gift to that beneficiary shall be disposed of accordingly. t PAGE 3 _n OF 6 PAGES ����+�- � �'� � i . SEVENTH: Definitions: a. The term "children" as used in this Will includes adopted and afterborn persons. The term "children" as used in this will shall also include step-children, the natural born or adopted children of a person's spouse. A relationship by or through legal adoption shall be treated the same as a relationship by or through blood for purpose of succession to property under this Will. b. The term "descendants" as used in this Will means the immediate and remote lawful, lineal descendants by blood or adoption of i the person referred to who are in being at the time they must be ascertained in order to give effect to the reference to them. c. The term "issue" as used in this Will means all persons . who are descended from the person referred to either by legitimate birth to or legal adoption by that person, or any of that descendant�s ' legitimately born or legally adopted descendants. d. The term "Personal Representative" as used in this Will means Executor, Executrix, Independent Executor, or any other title of like import which is used to describe such a fiduciary. e. The term "per stirpes" as used in this Will means that whenever a distribution is to be made to the descendants of any person, the property to be distributed shall be divided into as many shares as there are (1) living children of the person, and (2) deceased children, who left descendants who are then living, of the person. Each living child (if any) shall take one share and the share of each deceased . child shall be divided among his then living descendants in the same manner. EIGHTH: In the event that I shall die leaving a minor child or children surviving me, and my Wife, BARBARA ARTIS shall not survive me, then I hereby appoint my brother, CLAUDE ARTIS as Guardian of each minor child of mine, during his or her minority. . The Guardian shall serve without bond or surety and without the intervention of any court or courts, except as required by law. If the above named Guardian should predecease me or be unable or unwilling to act as Guardian, then I hereby appoint my sister, BERNICE ROYAL as Guardian of each minor child of mine, to serve without bond or surety and with the same powers and authority. PAGE 4 � � jJ�„ �� • OF 6 PAGES � NINTH: In addition to any powers granted by the laws of the state in which this Will is probated, I hereby authorize and empower the fiduciaries named in this Will, to the extent of the discretion herein granted, to sell, exchange, convey, transfer, assign, mortgage, pledge, lease or rent the whole or any part of my real or personal estate, to invest, reinvest, or retain investments of my estate, to perform all acts and to execute all documents which my fiduciaries may deem necessary or proper in regard to my property. If any of my fiduciaries elect to receive compensation for services, such compensation will be , that allowed by law. � TENTH: If any part of this Will shall be invalid, illegal, or inoperative for any reason, it is my intention that the remaining parts, so far as possible and reasonable, shall be effective and fully operative. My Personal Representative may seek and obtain court instructions for the purpose of carrying out as �early as may be possible the intention of this Will as shown by the terms hereof, including any terms held invalid, illegal, or inoperative. IN WITNESS WHEREOF, I have at Kaiserslautern, Germany, on December 7, 1992, set my hand and seal to this my LAST WILL AND TESTAMENT� consisting of 6 typewritten pages, each page bearing my handwritten signature. (SE�z) DONNIE ARTIS _ PAGE 5 OF 6 PAGES �� �<� � The foregoing instrument was, at Kaiserslautern, Germany, on December 7, 1992, signed, sealed, published and declared by DONNIE ARTIS, the testator, to be his LAST WILL AND TESTAMENT in the presence of all of us at one time, and at the same time we, at his request and in his presence and in the presence of each other, have hereunto subscribed our names as attesting witnesses, and we do so verily believe that the said testator is of sound and disposing mind and ' memory at the date hereof. � /� � ��� _ �.��� .� � � - Soc.Sec.No.���,f�-�Q`J'9 Soc.Sec.No.,,d3e'52- 3�� Soc.Sec.No.�y,3 -O`/_��30 � OF D Q,r � Fl�'` f Si� OF '��/�'C ���e�r {�k� Gt, OF I�I�oG iv,c,�Pr «� �� �,�t! �c�"(_� �c�`I � ( �r�Ri N �i��D (�'R. 22►s 3 �/, ��if- �� i .�/� � r�r79v� � PAGE 6 �/�-'�" /V � --�— OF 6 PAGES rk SERVING WITH THE UNITED STATES ARMED FORCES AT KAISERSLAUTERN, GERMANY Before me, the undersigned authority, on this day personally ap eared DONNIE ARTIS, known to me to be the testator, and l_ , ����dl �Q���Y� , and /./2v,,� ��,��✓��,� 2 known to me to be the witnesses, whose names are signed to the attached or foregoing instrument and, all of , these persons being by me first duly sworn, the testator declared to me and to the witnesses in my presence: that said instrument is his last � will; that he had willingly signed or directed another to sign the same for him, and executed it in the presence of said witnesses as his free and voluntary act for the purposes therein expressed; or, that the testator signified that the instrument was his ihstrument by acknowledging to them his signature previously affixed thereto. The said witnesses stated before me that the foregoing will was executed and acknowledged by the testator as his last will in the presence of said witnesses, who, in his presence and at his request, subscribed their names thereto as attesting witnesses and that the testator, at the time of the execution of said will, was over the age of 18 years and of sound and disposing mind and memory. ONNIE ARTIS n / /J r- �.�,e�-.����-L -;i%��� �` �---- 'tness Witness Witness Subscribed, sworn to and acknowtedged before me by DONNIE ARTIS, the testator, who is known to me to be a member of the Arnied Forces of the United States serving on Active Duty, and subscribed and sworn to before me by � . �i��U zjt (�i4�1£i? , and ��.�,�!/� �'I- !�//�rla-✓,/..�Gthe � witnesses, on December 7, 1992. This acknowledgment is executed in my official capacity under the authority granted by Title 10, United States Cod , Section 044a, which also states that no seal is required on this acknowledgment. (Sign) � • OfFICIAL CAPACITY Office af the S#af# Judge Advocate (arint)�oQK W. HAFIVE'�' RANK/COMPONENT H�, 21st Thpat��� ��rmy �:ea �ommand ��, JA • {„�v�y Center Judgs ad�� APO WITH GENERAL r OWER8 OF NOT.GF2Y Pl.��iLlC Article 136, UCMJ 10 USC 3ection 1044e