HomeMy WebLinkAbout01-0591
PETITION FOR PROBATE and GRANT OF LETTERS
Estate of lit!'! fi'. //r"~<~ No. l)J -01- 5Cj.,/
also known as To:
, Deceased.
17iiL -0 ~.<Ci C
Register of Wills for the
County of o..nnberland in the
Commonwealth of Pennsylvania
Social Security No. I 9'~
The petition of the undersigned respectfully represents that:
Your petitioner(s), who is/are 18 years of age or older an the executiY;
in the last will of the above decedent, dated #.f>ri / J ~
and codicil(s) dated 0- ~~ C)
named
,19~
(state relevant circnmstances, e.g. renunciation, death of executor, etc.)
Decendent was domiciled at death in
h e v last family or principal r . de ce at
rt ec-A.a~l/e; hk h
Decendent at death owned property with estimated values as follows:
(If domiciled in Pa.) All personal property
(If not domiciled in Pa.) Personal property in Pennsylvania
(If not domiciled in Pa.) Personal property in County
Value of real estate in Pennsylvania
situated as follows:
.97 ~C'O
,
$
$
$
$
WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s)
presented herewith and the grant of letters Testamentary
(testamentary; administration c.I.a.; administration d.b.n.c.La.)
theron.
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OATH OF PERSONAL REPRESENTATIVE
COMMONWEALTH OF PENNSYLVANIA I s~
COUNTY OF Cumberland J :s
The petitioner(s) above-named swear(s) or 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 represen-
tative(s) of the above decedent petitioner(s) will well t uly administer the estate according to law.
and
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Register
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~o. 21-?OOl-0~gl
Estate of MARY E. HESS , Deceased
DECREE OF PROBATE A~D GRA~T OF LETTERS
AND NOW JUne 25th, ~ 200]. in consideration of the petition on
the reverse side hereof, satisfactory proof having been presented before me,
IT IS DECREED that the instrument(s) dated April 18,1968
described therein be admitted to probate and filed of record as the last will of
MARY E. HESS
and Letters TESTAMENTARY
are hereby granted to SHEL~ G. HESS
FEES
t/.U~
. Lewis ~
Probate, Letters, Etc. .........
Short Certificates( 2) . . . . . . . . . .
Renu{lciatiqn )' . . . .. . . .. . .. . . .
x-Pages (1
JCP
$ 60.00
$ 6 . 00
$
$
TOTAL _ $
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ATTORNEY (Sup. Ct. l.D. No.)
5.UU
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74.00
ADDRESS
Filed
PHONE
MAILED LETTERS AND ORDER'"'""IO JOHN B. HESS - 145 WILLOW MILL PARK RD
MECHANICSBURG, PA 17050
1110""''':0'',
This is to certifY that the information here given is correctly copied from an original certificate of death duly filed with
] ncal Registrar. The original certificate will be forwarded to the State Vital Records Office for permanent filing.
me as
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate, $2.00
p
7346902
No.
21-2001-591
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Local R gist r
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Date
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COMMONWEALTH OF PENNSYLVANIA. DEPARTMENT OF HEALTH. VITAL RECORDS
CERTIFICATE OF DEATH
STAlE !:ILE ~UM8EA
SOCIAl.. SECUAlrv NUloll8ER
NAME OF DECEDENT If",.. MiddIe.L_1
L Mary Esther Hess
AGE(lH:SirIN>>t) uNDER 1 YEAR
........ 00,.
SEX
.Female ,.193 - 32
0500
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Min'
Cumbe r 1 and -' "..0 :::...":.':::'..
MOTHEA'S NAME tF.l$l Middle. M..oen 5Yrnamtl
11. Cora Crawford
INFORMANT'S M.A.IUNG AOOAESS ISlrMl:. Ct.,1"bwrtn. Slate. lip Code,
.....20 Fieldcrest Drive, Mechanicsbut-g, PA 17050
PLACE OF DISPOSfTION. Narne 01 c.m.tery. Cretn810ry LOCRlOH ~C~ITown. St....llp Cooe
orOthefPl~
81 v...
UNDER 1 DAY
Hours ~ Minut..
BIRTHPLACE rC.t.,. otM
31al801 Fcre.Ql1COun(lvl
COUNTY OF OERH
.. tAu hi r)
DECE 'S USUAl OCCUMIQN
~..:;:=~ ~:::t::r
1tL clerk ".. dept.
DECEDENT'S MAIUNG ADOAeSS (SIr'" Clfyl'lOwn. S&Me. Z." Code>)
20 Fieldcrest Drive
... Mechanicsburg, PA 17050
MOlER'S NAME (FnI. Middle. Lall)
1 Blake Kl ine
INFOllIoWlT'S NAM€ (1_
Sheldon G. Hess
OF DISPOSITION
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store
DECEDENT'S
ACTUAl
RESIDENCE
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onOlhefSldeI
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SIGN~nJl.e
DATE OF DISPOSITION
(Month, o.Y. ..,..)
o .~ay
PERSON ACTING.AS SUCH
James Cemetery
NAME AND AOORESS OF F.M:IUTY
"c. McMichael Funeral
LICENSE NUMBER
On,
...... 24-21 mu.I be c:ompIeIed by
...... wMJIII'OftOUI'C* dMdt.
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~ar candiIion
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4..,,;J.~ I.t."....>,.l..lt'...... ~~..)......""I V'.->e.-.JI..... St:,~l,l-</
DUE TO(OA ASACQNSEOUENCE Of):
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CAUAp...OIl......,.
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,....in~LAST
VIKS AN AUTOPSY
PEAFOfIMED?
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WERE AUTOPSY FINDINGS
JUUlABLE PAIOA 10
COMP\.ET1ON OF CAUSE
OF OEAJ'H'l'
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HomiCide
DUE 1O(QF1 AS A CONSEQUENCE Of):
DUE 1010Fl AS A CONSEQuENCE Of)'
lotANNEPI OF OEATH
QATE OF INJURY
(MOJlIfl 0..,.. Yearl
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...Fishing Creek Twp., PA
Home, 4394 Red Rock Road, Be~
=..sog:~A 17814
nb. nc.
MS CASE REFERRED TO MEDICAl EXAMINEAlCORONER'l'
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I Approximate
: inlerftI behrWn
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PART n:
0tNI SiignifIcanI ClOndIIioN I:lOnCI'ibrAInO to de...,. tM:
not rnu116ng in the UfldeftrtinO ceuM QMln in Pl'Jn I
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TIMe Of INJURY
INJUAY IJ 'NOAK1 DESCRIBE H()'.fY IflUUPlY CX:CUARED
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o PlACE Of INJURY. Al home. lar~~",.Iac1or,. omc.
buildlnQ. ..c. t$pec,1vI
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LOCATION lStteel.. CI'yIiowI-l, Stale,
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-caRT""" PKYSJC1AN (PhYSC"" cenlfytnQ cause r:J (Wel1\ wl'ler".it'lOIhet pF1V$ICoatl ".S p1000unced deal" aM comPleted "em 231
To...... of...,~. deelft occ:ulFNd dull to Ihe cauM(l) and manner.. I'eted.
-PRONOUNCING AND CERTIFYING PHYSICIAN IPhVSCIan txlltl j,)/ono...nctt'19 dealh and CiMllY""Q lO c<tuse 01 aeall'll
To" beet......, knowtedge, death OCCUrrM at the dine. date. and place, and due to 1M C.UM..) and manner.. .'.Ied.
-IIIDICAL EXAMINER/CORONER
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AEG~.z' S NATURE AND NUMBER d
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7Easl Bill atW Wtslauttttl
I, mARY E. HESS, of the Township of Scott, County of Columbia and
State of Pennsylvania, hereby make this my Last Will and Testament revoking
all prior wills and codicils by me at any time heretofore made.
FIRST: I direct that all of my just debts and all expenses of my
last illness and funeral be paid by my Executors out of the principal of
my Estate, as soon following my death as may be conveniently done.
SECOND: In the event that my husband, SHELDON G. HESS, shall survive
me, I give, devise and bequeath my entire Estate of whatsoever kind and
wheresoever situate, unto my said husband, SHELDON G. HESS, absolutely and in
fee simple.
THIRD: In the event that my husband, SHELDON G. HESS, shall pre-
decease me, or die simultaneously with me, I then and in that event give,
devise and bequeath my entire Estate of whatsoever kind and wheresoever situate,
in equal shares, unto my children, share and share alike, absolutely and in
fee simple. In the event that any child or children of mine shall pre-
decease me and shall be survived by issue, I give, devise and bequeath
the share of such deceased child, per stirpes, unto his or her then living
issue.
FOURTH: Any principal or income of my Estate which may become
payable absolutely at any time to a minor may, nevertheless, be retained
by my Executor as Trustee for such minor during minority and any income
may be accumulated for such minor's benefit. All principal and income
so held for a minor may be applied in the sole discretion of the Trustee
for such minor's care, comfort, support, maintenance and education, either
by the payment of bills therefore or by payment to such persons as the
Trustee may select. Any balance of principal and accumulated income
remaining in the hands of the Trustee for such minor shall be paid over
and distributed to such minor absolutely upon such minor attaining the age
of twenty-one (21) years.
FIFTH: All estate, inheritance or succession taxes that may
become payable by reason of or in consequence of my death shall be paid
~
by my Executors, out of the principal of the residuary of my Estate, to-
gether with any interest or penalty thereon.
SIXTH: I authorize and empower my Executors, hereinafter named,
to sell or otherwise dispose of any and all of the assets of my Estate,
either real, personal or mixed, at either public or private sale or sales,
and upon such terms as to cash and/or credit as my said Executors shall
determine. I authorize and empower my Executors to make, execute and
deliver deeds of conveyance or other documents of title conveying my
interest in any premises of real estate or personal property of which I
may have an interest at the time of my death.
I authorize and empower my Executors, hereinafter named, to
continue the operation of any business enterprise in which I may be engaged
at the time of my death and for such purpose the said Executors may purchase
for cash and/or credit business inventory, supplies and equipment as may
be reasonably needed to continue the conduct of my said business enterprise.
my Executors may borrow money as necessary for business purposes and the
Executors shall not be subject to surcharge for losses occurring in the
ordinary course of the business operation during such period as the
Executors shall be conducting the business enterprise on behalf of the Estate.
Notwithstanding any of the provisions hereinbefore contained
with respect to the operation or sale of any business enterprise that I
may be engaged in at the time of my death, I do hereby give and grant
unto my adult sons the right, privilege and option to purchase from the
Estate any business or business interests in which I may be engaged at
the time of my death, which said option shall and may continue for a
period of two (2) years next following the date of my death. During
the said period or term until such time as my adult sons shall have
exercised their option to purchase the said business, the said business
may be conducted and operated by the Executors of my Estate as hereinbefore
provided. In the event that my adult sons, or any of them, elect to
exercise their option to purchase the said business interests within
the said two year period next following my death, the purchase price shall
be determined by three (3) independent appraisers who shall determine and
fix a fair market value of the business interests in which I may be engaged
-2-
:
:
. .
at the time of my death. And that the appraisal so determined by the said
appraisers shall be the option price for which my adult sons may purchase and
acquire the said business enterprise. The settlement for the purchase and sale
of the said business shall be completed within ninety (90) days next following
the election to exercise the option to purchase and within thirty (30) days next
following the appraisal of the said business by the appraisers. The three (3)
appraisers shall be selected as follows:
One appraiser to be selected by the Executors of the Estate,
one appraiser to be selected by those of my children not in-
volved in the exercise of the option to purchase the said
business enterprise and the third appraiser to be selected
by the two aforenamed appraisers.
In the event that my adult sons shall fail to exercise the option
to purchase the said business enterprise within the period of two (2) years
next following my death, I direct that the Executors shall, within a reasonable
time next following the expiration of the said two (2) year period, sell or
otherwise liquidate the business enterprise to complete the settlement and
administration of my Estate.
SEVENTH: I name, constitute and appoint my husband, SHELDON G. HESS,
as my Executor. In the event that my said husband shall predecease me, or die
simultaneously with me, in either of said events, I then and in that event name,
constitute and appoint my sons, JOHN HESS and SHELDON G. HESS, JR., or the
survivor of them, as Executors of this my Last Will and Testament. I direct
that no fiduciary acting hereunder shall be required to enter bond in this or
any other jurisdiction.
IN WITNESS WHEREOF, I have set my hand and seal to this my Last Will
and Testament, containing three (3) pages, this /$ day Of~ A.D.,196B.
SIGNED, SEALED, PUBLISHED AND DECLARED
BY mARY E. HESS, TESTATRIX, above named,
as and for her Last Will and Testament,
on the day and year last above written,
in the presence of us, who at her request;
in her presence and in the presence of
each other, all being present at the
same time, have hereunto subscribed
our names as witnesses.
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M?f1t;P~/~
(SEAL)
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REGISTER OF WILLS OF COUNTY
OATH OF SUBSCRIBING WITNESS
//
/
//
,/
codicil ./
(each) a subscribing witness to the will presented herewith, (each) being"duly qualified according to
law, depose(s) and say(s) that present and saw
the test at , sign the same and that signed as a witness at the
request of testat_ in h presence and (in the presence of each other) (in the presence of the
other subscribing witness(es)).
Sworn to or affirmed and subscribed before
me this day of
...19_
(Name)
(Address)
Register
(Name)
(Address)
21-2001-591
REGISTER OF WILLS OF Cumberland COUNTY
OATH OF NON-SUBSCRIBING WITNESS
SI4E lOon G hlG2'ii!ae. ~nJ '- 'hh f\ ~ \---\e.~
(each) a subscriber hereto, (each) being duly qualified according to law, depose(s) and say(s) that
--ne..., ~f.a..,. familiar with the signature of ~Rl\ (;.. \-le....s
cucticil.
testat~ of (88@ sf tbl: l>l.Ipl>cribiRg v.itncssc3 to) the will presented herewith and
codicil
believes the signature on the will is in the handwriting of
that
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/;'.07 Z>
UNITED STATES POSTAL SERVIC~... IIII
~~00- _ _ ~<;.\ ...
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11/15/01
15:41
REGISTER OF WILLS ~ 7177638665
NO. 594
[;l02
(~
Date of Death:
I
C"RTIFCATION OF NOTICE UNDER ~ULE 5.6CA)
11/ ~ 1le55 ·
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W'll N . v~, / -?.., / - O.5--9r/.
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Name of Decedent:
Admin No.:
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To the ltegister:
I .
I certify that not~ce of (beneficial. interest) e~t~te adp,;nlstration r~quired ~y Rule 5,6(a) of the frphans' Court Rules
was $ervcd on or mal led to the folloWInI: beneficllllles of the above-caphOJ1Cd es~ate on ; :
II
Name
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Capacity:
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Name I . t:>A
I~~~W;#~~ IIl/( ~ #M/
iled~.q~j , /1;7; /7CSD
Address 1./
7/ 7--69'7~~eg4{~
Telephone i
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Personal Representative ~
Counsel for persoIlalrepresentative
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Notice has now be"" given to an persons entitled thereto under RJe 5.6(0) except J
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Date: /1-cJt -01
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99 997 '19f?
" STATUS REPORT AND REQUEST TO CONDUCT A
E 6.12, SUPREME COURT ORPHANS' COURT RULE
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-2001-0591
___n.n,a ~. Hess
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Counsel for Personal Representative:
Date of Decedent's Death: 05-01-2001
Date of Delinquency Notice: 04-09-2003
The undersigned, Donna M. Otto, Register of Wills, in accordance with Rule 6.12,
Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of
Common Pleas of Cumberland County, that neither the above named personal representative nor
the above named counsel for the personal representative have filed with the Register of Wills or
Clerk of the Orphans' Court his, her or its Status Report required by Rule 6.12, Supreme Court
Orphans' Court Rule and that the requisite notice, pursuant to Rule 6.12, Supreme Court
Orphans' Court Rules, was given by the Register of Wills on 04-09, 2003, and that the ten (10)
day notice to file the Status Report has expired. Accordingly, in accordance with Rule 6.12 the
Court is hereby notified of such delinquency and the undersigned requests that a Court conduct a
hearing to determine whether sanctions should be imposed upon the delinquent personal
representative or counsel for the delinquent personal representative.
Date: 06-04-2003
(!
Donna M. Otto, Register of Will
~J~
Distribution: Personal Representative
Counsel for Personal Representative
Estate File
7':L~-()3 7:}oJrIJ1,
A hearing is scheduled for at in Courtroom No.3. If the Status Report is filed
prior to the hearing date, the hearing will automatically be canc ed.
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STATUS REPORT UNDER RULE 6.12
Name of Decedent:
Date of Death:
Will No.:
Admin. No.:
Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the
following with respect to completion of the administration of the above-captioned estate:
1. State whether administration of the estate is complete:
Yes 0 No 0
2. If the answer is No, state when the personal representative reasonably believes
that the administration will be complete:
3. If the answer to No.1 is Yes, state the following:
a. Did the personal representative file a final account with the Court?
Yes No 0
b. The separate Orphans' Court No. (if any) for the personal representative's
account is:
c. Did the personal representative state an account informally to the parties
in interest? Yes 0 No 0
c. Copies of receipts, releases, joinders and approval of formal or
informal accounts may be filed with the Clerk of the Orphans' Court
and may be attached to this report.
Date:
Signature
Name
Address
Telephone No.
Capacity: 0 Personal Representative
o Counsel for personal representative
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Cumberland County - Register Of wills
Hanover and High Street
Carlisle, PA 17013
Phone: (717) 240-6345
Date: 4/09/2003
HESS SHELDON G
20 FIELDCREST DRIVE
MECHANICSBURG, PA 17050
RE: Estate of HESS MARY E
File Number: 2001-00591
Dear Sir/Madam:
It has come to my attention that you have not filed the Status
Report by Personal Representative (Rule 6.12) in the above captioned
estate.
As per the AMENDMENTS TO SUPREME COURT ORPHANS. COURT RULES, NO.
103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after
July 1, 1992, the personal representative or his counsel, within two
(2) years of the decedent.s death, shall file with the Register of
Wills a Status Report of completed or uncompleted administration.
This filing will become delinquent on: 5/01/2003
Your prompt attention to this matter will be appreciated.
Thank You.
Sincerely,
~1J1tJ/k;/~,6J~/~
DONNA M. OTTO ~~
DEPUTY REGISTER OF WILLS
cc: /File
Counsel
Judge
complete items 1. 2, and 3. Also complete
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PS Form 3811. March 2001
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JRD/June 30, 1992/17858
NOV 0 6 2001
Estate No.: 21-01-591
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
In Re: Estate of Mary E. Hess
Late of Silver Spring Twp
NO.
NOTICE OF FAILURE TO FILE CERTIFICATION AND REQUEST TO CONDUCT A
HEARING PURSUANT TO RULE 5.6(e), SUPREME COURT
ORPHANS' COURT RULE
Personal Representative: Sheldon G. Hess
Counsel for Personal Representative:
Date of Grant of Original Letters: June 25, 2001
Date of Delinquency Notice: October 5, 2001
The undersigned, Mary C. Lewis, Register of Wills, in accordance with Rule 5.6,
Supreme Court Orphans' Court Rules, hereby notifies the Orphans' Court Division, Court of
Common Pleas of Cumberland County, that neither the above named personal representative nor
the above named counsel for the personal representative have filed with the Register of Wills or
Clerk of the Orphans' Court his, her or its certification required by Rule 5.6(e), Supreme Court
Orphans' Court Rule and that the requisite notice, pursuant to Rule 5.6(e), Supreme Court
Orphans' Court Rules, was given by the Register of Wills on September 24, 2001, and that the
ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule
5 .6( e) the Court is hereby notified of such delinquency and the undersigned requests that a Court
conduct a hearing to determine whether sanctions should be imposed upon the delinquent
personal representative or counsel for the delinquent personal representative.
Date: November 6, 2001
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. Lewis, Register of Wills U
Distribution:
Personal Representative
Counsel for Personal Representative
Estate File
A hearing is scheduled for ~.;)/ I ~~ 11t 9;, 3~ In Courtroom No.3. If the
Certification of Notice is filed prior to the hearing date, the hearing will automatically be
cancelled.
Geor
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