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Home My WebLink About04-08-15 Reset 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 request(s)the grant of Letters in the appropriate form: Decedent's Information ��°'7 J� �� Name: Mildred A.Jez File No: r'"'��" / a/k/a: Mildred Ann Barnhart Jez (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: March 22,2015 Age at death: 87 Decedent was domiciled at death in Cumberland County, Penn'�,y1vania (S�ate)with his/her last principal residence at 412 Norman Road Camv Hill PA 17011 Lower Allen 1'ownshin Cumberland Street address,Post Office and Zip Code City,Township or Borough County Decedent died at Carlisle ReQional Medical Center Carlisle PA 17015 South Middleton"I'wn. Cumberland PA Street address,Post Office and Zip Code City,TownsNip or Borough County State Estimate of value of decedent's property at death: Ifdomiciled in Pennsylvania............................ All personal property $ 5,000.00 If not domiciled in Pennsylvania. .. .... ... ...... ........ Personal property in Pennsylvania $ If not domiciled in Pennsylvania. .. .... ................. Personal property in County $ Value of real estate in Pennsylvania... . .... ........... .... . .............. ...... . . . . . ........ $ 1�5,�,�� TOTAL ESTIMATED VALUE. ... $ 140,630.00 Real estate in Pennsylvania situated at: 412 Norman Road Camp Hill PA 17011 Lower Allen Twp. Cumberland (Attach additional sheets,if necessary.) Street address,Post Office and Zip Code City,1'ownship or Borough County � A. Petition for Yrobate and Grant of Letters Testamentary Petitioner(s)aver(s)he/she/they is/are the Executor(s)named in the last Will of the Decedent,dated March 7,2012 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 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. �NO EXCEPTIONS �EXCEPTIONS � B. Petition for Grant of Letters of Administration (�fapplicable) c.t.a.,d.b.n.,d.b.n.c.t.a.,�e�ir��ente lite,durante absentia,durante minoritate If Administration,c.t.a. or d.b.n.c.t.a.,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 a proper search has/have ascertained that Decedent left no Will and was survived by the following spouse(if any)and heirs(attach additional sheets, ifnecessary): Name Relationshi Address !`J � � Q � � � � � � � � � . � � � � ` r , „y,' .;� � p � � �, ,�'�� "�= po r" � � Form RW-02 rev.10/11/2011 __� -'j �'ag�l�'2 ;-� � _ __>��.n�*no�nrn��o�rcrmr-"r� . . fV � n � � Oath of Personal Representative o�'°� °�y --�t, �"' � � � � `r� � � COMMONWEALTH OF PENNSYLVANIA } � � � � � } S S: 7� G*7 '^' , . �:� COUNTY OF CUMBERLAND } ':=� � J � ""� ..�1 L.�.l � �" wr.-^ .�� Petitioner(s)Printed Name Petitioner(s)Priclted Address ;:,� O� ("- � �� Linda A.Smeltz 4 Wheatland Drive Mechanicsbur PA 17050 The Petitioner(s)above-named swear(s)or affirm(s)the statements in the foregoing Petition are tnie and correct to the best of the knowledge and belief of Petitioner(s)and that,as Personal Representative(s)of the Dec ent,the Petitioner(s)will well and truly administer the estate according to law. Swo to firmed a subs ribed before Date � —�-��S me t s day ,� Date gy• Date Fo he Reg ter _,. Date BOND Required: Q YES Q NO To the Register of Wi[!s: FEES' Please enter my appearance by my signature below: Lett .. . . . . . . . . . . . . . . . . . . . . . $ �U'•V oo Attorney Signature: ( �) Short Certificate(s). . . . . . Renunciation s . ��M°""I � ) � ).. . . . . . . . ( )Codicil(s). . . . . . . . . . . . . � � � � ( )Affidavit(s).. . . . . . . . . . . Bond.. . . . . . . . . . . . . . . . . . . . . . . Printed Name: Craig A.Diehl,Esquire Commission. . . . . . . . . . . . . . . . . . Supreme Court Other . . . . . . . . ID Number: 52801 . � . . . . . . . Firm Name: Law Offices of Craig A.Diehl . . . . . . . . � ` Address: 3464 Trinc�le Rnari �,. . . . . . C'amn Hill, PA 1701 1 . . . . . . . Phone: (717)763-7613 Automation Fee. . . . . . . . . . . . . . . �_ Fax: �717)763-8293 JCS Fee. . . . . . . . . . . . . . . . . . . . . • Email: ��adi hllau�cnm TOTAL. . . . . . . . . . . . . . . . . . . . . $ •-9'60_'� ��5�� DECREE OF THE REGISTER �� /� �� Estate of Mildred A.Jez File No: a/k/a: AND NOW, � � , ~ �, in consi eration of the foregoin Petition, satisfactory proof havi g been presented before me,IT IS EC ED at Le�ters t en t r�r are hereby granted to / l�e l -�' �'ie above estate and(if applicable)that the instrument(s)dated � described in the Petition be admitted to probate and filed of r rd as the last Will(and o �cil(s)) of Decedent. ,^y � � egister of Wills J Form RW-O2 rev.10/11/2011 Pa O 2 , REGISTER OF WILLS CERTIFICATE OF CUMBERLAND COUNTY GRANT OF LETTERS PENNSYLVANIA ; � �F C U/y ,��1 �� e�`� No. 20�5- 00385 PA No. 21- 15- 0385 O� ? Estate Of: MILDRED A JEZ (First,Middle,Lastl V � a/k/a: MILDRED ANN BARNHART JEZ � La te Of: LOWER ALLEN TOWNSHIP w �� , CUMBERLAND COUNTY Deceased 1750 Soci al Securi ty No: 174- WHEREAS, on the 8th day of April 2015 an instrument dated March 7th 2012 was admitted to probate as the last wi11 of MILDRED A JEZ lFirst,Middle,Last1 a/k/a MILDRED ANN BARNHART JEZ late of LOWER ALLEN TOWNSH/P, CUMBERLAND County, who died on the 22nd day of March 2015 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 certi fy tha t I have thi s day gran ted Let ters TESTAMENTARY to: L INDA SMEL TZ 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 rny hand and affixed the seal of my of_".: �e on the 8th day of April 2015. r, c� �'�a ' ._ � �� I tl� t�`�` �_-;' �.�-�'_-, � '� ,�"f G `) ; Re iste � ills �u�� .J[��t�c]Q k ( 9 � �; .��; `."_�� ;: ,�,��_ �/�"} `� ,,s`' C`��`� �,, �. �-'�- cv, �„t'�,1' - C� � C� r�' �Pf�tY � ,�� • ` �" �t� � �� $ ��i� i��G , � � M�:� �,>; , w �.-. ,�� .� -� �,' S�� :� ��I 5 i�3�3 t..ut_ ,�, � � � � �� 3�1.��0 Q3��3� � � � � � c� N **NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST) �•o i�u.i.i..o Rri��n � f !„'� �, � � G./�y �7. �. • � � � � Q C��1 � � :rL7 CJ� %� � ._� C7 ,"� �? �." ;�ri C'z'i LAST WILL AND TESTAMEN'C ` -- �' CO �� OF - �"- �: t�.� � , � ,.� MILDRED A.JEZ �� i —� :�-: � , �::_ ._ c� ;,i] CA t'- rty ..�� - .;'' CIl C!'� C� I,Mildred A. Jez, a resident of Camp Hill, Pennsylvania decl��re tfiis to be m�P.ast Wi� and revoke all former Wills and Codicils. ARTICLE I Identification of Familv At the present time I am unmarried. In making this Will I have in mind my one child, Linda Smeltz, born 195Q, but does not include any children hereafter born to or adopted by me. Any reference to a "child of mine" or "my children" shall include the persons named or referred to in this Article. ARTICLE II Apnointment of Fiduciaries A. Appointment of Personal Representative. I appoint my daughter, Linda Smeltz, as Executor of my estate. If Linda Smeltz is or becomes unable or unwilling to serve, I appoint my son-in-law,Robert L. Smeltz,Jr. as alternate Executor. B. Bond; Court Supervision. My Executor shall hav�;the right to serve without bond and to administer and settle my estate without the interventic>n or supervision of any court, except to the extent required by law. Nothing herein shall prevent my Executor from seeking the assistance of the court in any situation where my Executor deems it appropriate. ARTICLE III Disposition of Residue A. Provision for Descendants. I give all of the rest a�1d residue of my estate, wherever located (hereafter referred to in this,Article as "residue"), to my daughter, Linda Smeltz if she survives me. 1. Provision for Others. If my daughter, Lincia Smeltz does not survive me then I give 25% of the residue to my grandson, Robert L. Smeltz 11 l, 25%of the residue to my grandson, Shawn M. Smeltz, Sr., 25%of the residue to my grandson, Jordan J. Rutherford, and 25% of the residue to Chelsea M. Rutherford. If I am not survived by any of my descendants, or by any party named in this provision,I give the entire residue of my estate, to be divided equally 33 1/3 %to my Great Granddaughter 5helby J. Smeltz, 33 1/3,to my Great Grandson Shawn M. Smeltz. Jr and 33 1/3 %to my Great Grandson Zachary R. Smeltr. Pa e 1 of 5 Initials: /�y';Y;�� Date:�� Will of Mildred A.Jez g �--�--=�' _��ii�i��u��i��i��niTir!� � � . ARTICLE IV Alternative Methods of Distribution A. Purpose of Article. Recognizing that under certain circumstances the terms of this Will may direct that property be distributed outright to a person who is under age twenty-one {21) or under a legal disability; I make the following provisions to tacilitate the distribution of property to such persons. B. Alternative Methods. Whenever the terms of this Will direct my personal representative(referred to in this Article as the "fiduciary")to distribute property outright to a person who is then under age twenty-one(21) or under a legal disability,the fiduciary may retain pursuant to Paragraph C. of this Article or distribute all or any portian of that property in any one or more of the following ways: 1. Delivery directly to the beneficiary; 2. Delivery to the parent or stepparent of the ben�;ficiary; 3. Delivery to the guardian of the beneficiary's person or property; 4. Delivery to any Custodian for the beneficiary under the Uniform Gifts to Minors Act; 5. Delivery to any then existing trust created for the beneficiary; 6. Deposit in a financial institution in an account established in the name of the beneficiary alone pursuant to the laws of the State of Pennsylvania; 7. Storage of any tangible personal property in safekeeping with the costs of starage ta be borne by the beneficiary; or S. Sale of any tangible personal property and delivery of the proceeds in any manner permitted by this Article. Provided the fiduciary acts in good faith, upon delivery of any property in accordance with the provisions of this Article,the fiduciary shall be discharged from all responsibilities in connection with the property. C. Diseretionary Trust. Any property not distributed as provided in Paragraph B. of this Article shall be retained by the fiduciary in trust for the beneficiary on the following terms and conditions: During any period in which the beneficiary is under a legal disability or under twenty-one (21) years of age,the fiduciary shall pay to or apply for the benefit of the beneficiary so much of the income and principal of the trust as the fiduciary, in its sole and absolute discretion,determines is advisable for the beneficiary's health, suppart,education and general welfare. At sueh time as the beneficiary is neither under a legal disability nor under age twenty-one (21),the fiduciary shall distribute any remaining tnzst assets to the beneficiary. If Will of Mildred A.Jez Page 2 of 5 Initials:��;)_-_�-�=�1�atie� ��/—� °'p'A1illl";I"�Rf117f"I " / the beneficiary dies before all of the trust assets have been distributed, the fiduciary shall distribute any remaining trust assets to the beneficiary's estate. ARTICLE V Administrative Provisions A. Powers and Duties of Personal Representative. My personal representative shall have all of the powers and duties granted to or imposed upon personal representatives serving with non-intervention powers pursuant to the laws of the State of Pennsylvania. B. Debts and Expenses. All expenses of administration chargeable to principal,the expenses of the disposition of my remains, and all my legitimate dehts, if and when paid, shall be paid from the principal of my residuary estate. No debt need be paid prior to its maturity in due course and except as otherwise provided in this Will no interest in any property passing under this Will need be exonerated. C. Taxes. All estate, inheritance or other similar death taxes,together with any interest ar penalties thereon, arising by reason of my death with respect to any property includable in my taxable estate, and any adjusted taxable gifts, whether passing under or outside of this Will, shall be paid from the principal of my residuary estate without reimbursement from the recipients or beneficiaries of such property,provided,however,t:hat in the event any proceeds of insurance upon my life or any property over which I held a power of appointment are included in my estate for purposes of determining the federal estate tax liability of my estate, then the residue of my estate shall be entitled to receive from the recipients of any such proceeds or property the portion of such federal estate t�liability amibutable to such proceeds or property determined in accardance with IRC §§ 2206 and 2207. ARTICLE VI Miscellaneous A. Number and Gender. Unless the context indicates a contrary intent, the plural and singular forms of words shall each include the other, and every noun and pronoun shall have a meaning that includes the masculine, feminine and neuter genders. B. Survival. To "survive" me, as that term is used in this Will, a person must continue to live for thirty (30) days after my death. C. Descendants. The "descendants" of an individual include only the following: 1. All such individual's biological descendants, except any person not born in lawful wedlock and his descendants,unless the biological parent who would otherwise cause him or her to be a descendant has acknowledged paternity or maternity in legitimation proceedings, or in an unambiguous signed writing identifying such person by name, or by raising such person �� Date: � Will of Mildred A.Jez Page 3 of 5 Initials:,� _�"��;,�. � �� ,-n r�u�;,�i�� iriirir � � ! in the same household; and 2. Persons adopted by such individual or one of his or her descendants, and their descendants. If the parent,who would cause a person to be a descendant as defined above, is replaced in an adoption proceeding, such person shall remain a descendant unless such parent voluntarily consents to the relinquishment of his or her status as parent in connection with such adoption proceedings. D. Heirs. The term "heirs" shall mean those persons entitled to inherit under the then-applicable laws of the State of Pennsylvania governing the descent of an intestate's separate estate. They shall inherit in their statutory proportions. E. Exclusion of Pretermitted Heirs. Other than as set forth in this Will, I make no provision for any child of mine or descendant of a deceased child of mine. I specifically make no provision for any person(whether now living or hereafter born), other than a child named or referred to in Article I or a descendant of mine as defined in this Will, who may be entitled to claim an interest in my estate under the laws of the State of Pennsylvania. F. Legal Disability. A person is under a legal disability if my personal representative determines, in good faith,that the person is incapable of managing her property or of caring for herself,or both, or is in need of protection or assistance by reason of physical injury or illness,mental illness, developmental disability, senility, alcoholism, excessive use of drugs, or other physical or mental incapacity. G. Title to Real Property. Upon my death,title to any real property passing under this Will shall vest in my personal representative in his fiduciary capacity and shall remain so vested until my personal representative distributes or sells that property, at which time title shall vest in the distributee or purchaser. H. Diselaimer. Except as may be otherwise specifically provided in this Will, in the event that any beneficiary disclaims an interest arising out of this Will or any trust created herein it is my intention that the interest disclaimed shall be distributed in the same manner and at the same time as if the disclaiming beneficiary had died immediately preceding the event pursuant to the laws of the State of Pennsylvania. I. Governing Law. The provisions of this Will shall be interpreted in accordance with and in light of the laws of the State of Pennsylvania. J, Corporate Successors. Whenever a corporation or other business entity is referred to herein,the reference shall include any successor organi�ation. K. References to Statutes. In this Will,the abbreviation"IRC" shall refer to the Internal Revenue Code of 1986 as amended. Will of Mildred A.Jez Page 4 of 5 Initials;f�'f.:'`_,��Date: G�� ,"orlu"I �I If�1111..i � r I have initialed and dated for identification purposes all pages of this, my Last W'll, and have execute . he entire instrument by signing this page on the"�day of , 20�� at ania. �/ `� Mildred A. 7 Attestation and Statement of Witnesses Each of us declares under penalty of perjury under the laws of Pennsylvania that Mildred A. Jez, the Testator, signed this instrument as her Last Will in our presence, all of us being present at the same time, and we now, at the Testator's request, in the Testator's presence, and in the presence of each other, sign below as the witnesses, declaring that the Testator appears to be of sound mind and under no duress,fraud, or undue influence. � 1' � �,� „�,�;% C � �,� �� , [Wimess Signature] � [W' ess� Ignature] S'(��Q\�� Qi rPy � ��i�6,�� `' � [Print Name] [Print Name] Residing at Residing at �:i�CJY'�'� �,s4M,l i�� i()K�i-a`-:'; 1— �� c�.� c,v� \��'. u�i�o.,o T KE, SUITE 104 �1��-� �� y'� V�C�.SU ,:,,��'�i ��:�„ , 7050 Pa e 5 of 5 Initials: ' ate: �� Will of Mildred A.Jez g -�--�''`�� ririu•i,��ii��m�ir��i � r , SELF-PROVING AFFIDAVIT STATE OF PENNSYLVANIA } } ss. COUNTY OF C U.M/g�� } I,the undersi ned, an officer authorized to administer oaths, certify tl�t Mildred J z, ator and �CvL� S/�.c R�f�. , and �a.��is�'/�`' ��1/l�/ /��the thc Test , witnesses, whose names are signed to the attached or foregoing instniment and whose signatures appear below,having appeared together before me and having been iirst duly sworn, each then declared to me that: 1)the attached or foregoing instrument is the last will of the Testator; 2)the Testator willingly and voluntarily declared, signed and executed the will in the presence of the witnesses; 3)the witnesses signed the will upon request by the Testator, in the presence and hearing of the Testator, and in the presence of each other; 4)to the best knowledge of each witness the Testator was, at that time of the signing, of the age of majority (or otherwise legally competent to make a will), of sound mind and memory, and under no constraint or undue influence; and 5) each witness was and is competent and of the proper age to witness a will. �,/ � o/ ``�i/� ,y%� .,.�� j` Mildred A. J " � � , � �;� �� °�/%.,, [Witness ignature] [�es!s Signature A,' �� z ��'`' -�' ,� � � [Print 1'�lame] [Print Name] Residing at .�v � ,.�: a = .��,��ing.�l�Ki�� ; �i483 CA�LR`�! �. +='�f�r�, SUfTE 10� L� W�y.�'�-��`i�� 'l-�'' M :}-,,t. ;;., ,, 17050 ��4,�� USzJ Section for Notary Public: Subscribed, sworn and acknowledged before me by the said Mildred A. Jez, Tes ator, and by the said .N7cv�F �4 �s/�E-Z�'� ,and iw��•'��'_''��_��i��"��' ��/'� ,witnesses,this 1� day of ? � 24�. �.�a �� ,r°�'�/,� —�.�'_ - ` � �''°,�, Signature of NotarY] ! �l�N��f „ �tlley�.Notz,Notary Public �� /) �/j ' .�„ . � /��l y��C �ifver SPri�9 Twp.,Cumbe►iand CountY I ,y /�ir��,7�_, /q.� , -�• -, = My Commissia►Expires Oct.18,2014 [print or stamp name of Nota ] ��^��, �Anr��a��,�w��nf Notaries