HomeMy WebLinkAbout05-13-08
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND
COUNTY, PENNSYL VANIA
Estate of WILBUR H. MATHIAS
also known as
File Number
2\ ot) oS2e
, Deceased
Social Security Number 047-07-7183
Petitioner(s), who islare 18 years of age or older, apply(ies) for:
(COMPLETE 'A' or 'B' BELOW:)
I2J A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is 1 are the EXECUTOR
last Will of the Decedent dated 04/17/2002 and codicil(s) dated 05/26/2006
named in the
(State relevant circumstances, e.g., 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 of the instrument(s) offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
o B. Grant of Letters of Administration
(If applicable, enter: c.t.a.; d.b.n.c.t.a.; pendente lite; durante absentia; duraC') minoritate) g
Petitioner(s) after a proper search has 1 have ascertained that Decedent left no Will and was survived by the following s~~~bf any) a~eirs: ;[lj
Administration, c.t.a. or d.b.n.c.t.a., enter date of Will in Section A above and complete list of heirs.} ~ '1,::::2 0 ~ S'/
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Resid~nt L., :::d
Name
Relationshi
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(COMPLETE IN ALL CASES:) Attach additional sheets ifnecessary.
Decedent was domiciled at death in CUMBERLAND County, Pennsylvania with his 1 her last principal residence at
308 1/2 ELEVENTH STREET. NEW CUMBERLAND BOROUGH, P A 17070
(List street address, town/city, township, county, state, zip code)
Decedent, then 95 years of age, died on APRIL 30, 2008
SUSQUEHANNA TOWNSHIP, DAUPHIN COUNTY, PA
at COMMUNITY GENERAL OSTEOPATHIC HOSPITAL,
Decedent at death owned property with estimated values as follows:
(If domiciled in P A) All personal property
(If not domiciled in PA) Personal property in Pennsylvania
(If not domiciled in P A) Personal property in County
Value of real estate in Pennsylvania
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$
$
$
$
100,000.00
situated as follows: 308 112 ELEVENTH STREET, NEW CUMBERLAND BOROUGH, CUMBERLAND COUNTY, P A 17070
equest(s) the'Jli'OOate of the last Will and Codiei1(s) presented with this Petition and the grant of Letters in the appropriate form to
T ed or rinted name and residence
ROBERT A. COMPTON, 221 GLEN RIDDLE ROAD, MEDIA, PA 19063-5810
Form RW-02 rev. 10.13.06
Page 1 of2
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF CUMBERLAND
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 representative(s) of the Decedent, Petitioner( s) will well and truly
administer the estate according to law.
Sworn to or affirmed and subscribed
oLA- Q.
before me the
/3
Signature of Personal Representative
day of
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Signature of Personal Representative
Signature of Personal Representative
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File Number:
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Estate of WILBUR H. MATHIAS
, Deceased
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Social Security Number: 047-07-7183 Date of Death: APRIL 30, 2008
AND NOW, tnr..~ 13 , ~ , in ",n,id,,,,tinn nfth, foregoing Poritio" ,ati,f,"ory p,"of
having been presented before me, IS DECREED that Letters TESTAMENTARY
are hereby granted to ROBERT A. COMPTON
in the above estate
and that the instrument(s) dated APRIL 17,2002 AND
described in the Petition be admitted to probate and filed of recor
FEES
Letters , . , .Il-fspl?9. . $ 2100 Register of Wills
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Short Certificate(s) . .S. . . . $ 1..() Attorney Signature:
Renunciation( s) ......... . $ THOMAS E. FLOWER
LUll I $ IS- Attorney Name:
('od.e\ I $ IS- Supreme Court I.D. No.: 83993
~CP $ /0
~~ ~ Address: 2109 MARKET STREET
$
$ CAMP HILL, P A 17011
$
$
$ Telephone: 717-737-3405
$
TOTAL ............. . $ 3;ls--cO~
Form RW-02 rev, 10,13.06
Page 2 of2
fllO:'ixD." RE\ (UJitf'J
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: It is illegal to duplicate this copy by photostat or photograph.
Certification Number
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This is to certify that the information here given is
correctly copied from an original Certificate of Death
duly filed with me as Local Registrar. The original
certificate will be forwarded to the State Vital
Records Office for permanent filing.
avn.. /?; ~ MAYO 4 2008
/ /
Local Registrar Date Issued
Fee for this certificate. $6.00
P 14330178
12. Was Decedent ever in the
U.S. Armed Forces?
DVes ~
Decedent's
Actual Residel"lCe 17a. State
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PRINT IN
ANENT
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COMMONWEALTH OF PENNSYLVANIA' DEPARTMENT OF HEALTH' VITAL RECORDS
CERTIFICATE OF DEATH
(See instructions and examples on reverse)
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1. Name of Decedent (First, middle, last, suffix)
6. Date of Birth (Month, day, year)
95
Feb.1,1913
8b. County of Death
Dauphin Co.
susquehanna
ad. Facility Name (If nol institution. give street and number)
Community Gen.Osteo.Hospital
11. Decedent's Usual 0cc1J tion Kind of work done durin most of workin life. Do not state retired
Kind 01 Work Kind of Business f Industry
SU ervisor state govt.
16. Decedent's Mailing Address (Street. city / town. stale, lip code)
13, Decedent's Education (Specify only highest grade completed)
Elementary I Secondary (D-12) College (1-4 or 5+)
12 4
14. Marital Status: Married. Never Married,
Widowed, Divorced (Specify)
widowed
17b. County
Cumberland
Did Decedent
Uve ina
Township?
17c, D Yes. Decedent Lived in
17d. ~No, Dec~nt Lived within
Actual Limits of 1>T e w
Twp
308 1/2 Eleventh st.
berland PA 17070
Melville O. Mathias
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City/Bore
19. Mother's Name (First middle. maiden surname)
Jane G. Hafer
Robert A. Compton
2Db. Informant's Mailing Address (Street, city I town, state, zip code}
221 Glen Riddle Rd.,Media, PA 19063-5810
21b. Date of Disposition (Month, day, year) 21c, Place ol Disposition (Name of cemetery, cremalory Of other place)
spring Hill Cemetery
21d. Location (City/town, state, zipcodeJ. 7 2 5 7
Shippensburg, ]'A
22c. Name and Address ol Facility
Musselman FH&CS,324 Hummel Ave.,Lemoyne,PA 17043
23b. License Number 23c. Date Signed (Month, day, year)
Items 24-26 must De completed by person
who pronounces death.
24. TIme of Death
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26. Was Case Referred to Medical Examiner I Coroner for a Reason Other than Cremation or Donation?
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CAUSE OF DEATH (See instructions and xamples)
ltem 27. Part I: Enler the ~ - diseases, injuries, or compUcations - that directly caused the death. 00 NOT enter terminal events such as cardiac arrest.
respiratory arrest, or ventricular fibrillation without showing the etioloqy. List only one cause on each line.
Approximate Interval:
Onsel to Death
Part II: Enter other sianificant condilion.~ conlributina to death,
but not resulting in the underlying cause given in Part I.
28. Did Tobacco Use Contribute to Death?
o Ves ...0 Probably
G?'No 0 Unknown
Sequentially list conditions, il any,
leading 10 the cause listed 00 line a.
Enler!he UNDERLYING CAUSE
(disease or injury that initiated the
events resulting In death) LAST.
a P... "-f.: ,,-.10'- '- .-t::.. I Lo..nL.
Due to (or s a COIls~~e oft.
bC\.-r"",:c:. . 1,^~T-,ve. IlA/Vr
Due 10 (or as a consequence of): ""
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29. If Female:
D Nol pregnant within past year
D Pregnant al time of death
D Not pregnant. but pregnant wilhin 42 days
of dealh
D Not pregnant, but pregnant 43 days to 1 year
before death
D Unknown if pregnant within lhe past year
32c. Place of Injury: Home, Farm, Street. Factory.
Office BuMding.elc. (Specify)
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Due to (or as a consequence 01):
M.
32g. Location of lnjuf)' (Slreet, city/lown, state)
DYes DNo
31. Manner ol Death
~atural DHomicide
D Accident 0 Pending Investigation
D Suicide D Could Not be Determined
32a. Dale of Injury (Month, day, year}
, 3Oa. Was an Autopsy
Performed?
n. Were Autopsy Findings
Available Prior to Completion
ofCauseol Death?
Dyes DtNO
32d. Time ol Injury
338. Certifier (check only one)
CertifyIng physician {Physician certifying cause of death when another physician has pronounced death and completed Item 23}
To the best of my knowtedge, death occurred due to the cause(s) and manner as stared- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
~~~:u~~~,a~~ :=~:~hJ:~~~a~~:~:i:~ :~i~~n~~e:::~~~~rt:~iot~:~:,~~a~~ manner as statecL _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ D
~~:~~~;~~~~~fn:~~~ and I or investigation, in my opinion, death occurred at the lime, date, and place, and due to the cause{s) and manner as stated_ D
35 Registrar's Signatur
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LAST WILL AND TESTAMENT
OF
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WILBUR H.. MATHIAS
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I, WILBUR H. MATHIAS, of 3081/2 Eleventh Street, New ~9Jerlan1b
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Pennsylvania 17070, being of sound and disposing mind, memory and understanding, do
make, publish and declare this as and for my Last Will and Testament, hereby revoking
and making void any and all former Wills, Codicils, or writings in the nature thereof, by me
at any time heretofore made.
FIRST: I hereby order and direct my Executor, hereinafter named, to pay
all my just debts, funeral expenses, testamentary expenses and all Inheritance, Estate,
Transfer and Succession Taxes, as soon as may be conveniently done after my death,
out of my residuary estate.
SECOND:
give any and all of my books to the PENN STATE
UNIVERSITIES COLLEGE OF MEDICINE LIBRARY. Any books which they should not
want I offer to the library of the Borough of New Cumberland.
THIRD:
I direct my Executor to sell my home at 308112 Eleventh Street,
New Cumberland, Pennsylvania, to my neighbor, PATRICK MURPHY, of 308 Eleventh
Street, New Cumberland, Pennsylvania, for the fair market value. If he declines to
purchase it for the price determined by my Executor, at its sole discretion, to be fair
market value, my Executor shall have no obligation to sell it to him.
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FOURTH: I direct my Executor hereinafter named to convert the balance
of my assets into cash.
FIFTH:
equal shares, as follows:
A. To SARA WESLEY, of 1009 Bridge Street, New Cumberland,
All the rest, residue and remainder of my estate I give in nine
Pennsylvania 17070;
B. To DEBRA JEANNE MANLOVE, of 800 Allen Street, New
Cumberland, Pennsylvania 17070;
C. To TRINITY UNITED METHODIST CHURCH, of 419 Bridge
Street, New Cumberland, Pennsylvania;
D. To the FIRST CHURCH OF THE NAZARENE, Brandt
Avenue and Sixteenth Street, New Cumberland, Pennsylvania;
E. To the children of GERTRUDE BLEYER, who are ESTHER
WEIST, of 1035 Old Hickory Avenue, Lancaster, Pennsylvania 17601; and G. JANE
HENRY, of 201 Conodoguinet Avenue, Apartment 11, Camp Hill, Pennsylvania 17011;
F. To the children of CHARLES BARTOLET, SR., who are
CHARLES BARTOLET, JR., of R. D. #7, Box 7261, Black River Road, Bethlehem,
Pennsylvania 18015; and TERRY BARTOLET, of 21 Sutton Place, Easton, Pennsylvania
18042;
G. To the children of ROBERT BARTOLET, who are DOROTHY
BARTO LET, of 3008 North Third Street, Harrisburg, Pennsylvania 17110; MIRIAM
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ZIEGLER, 5805B Hidden Lake Drive, Harrisburg, Pennsylvania 17111; and MRS.
BRUCE BOYD, 20913 Brooke Knoll Road, Laytonsville, Maryland 20760;
H. To the children of HARRY DeVORE, ROBERT DeVORE, of
402 Spruce Street, Steelton, Pennsylvania 17113 and BART DeVORE, 6627 Patchwork
Circle, Charlotte, North Carolina 28270;
I. To RALPH BRANDT, JR., of 5531 Oakwood Drive,
Mercersburg, Pennsylvania 17236, one of the sons of KATHRYN BRANDT.
LASTLY: I nominate, constitute and appoint ALLFIRST BANK, to be the
Executor of this my Last Will and Testament. No Executor shall be required to file bond
in this or any other jurisdiction.
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IN WITNESS WHEREOF, I have hereunto set my hand and seal this
~~ ,2002.
day of
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Wilbur H. Mathias
SIGNED, SEALED, PUBLISHED and
DECLARED in the presence of:
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
I, WILBUR H. MATHIAS, Testator, 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; that I signed it
willingly; and that I signed it as my free and voluntary act for the purposes therein
expressed.
Sworn or affirmed to and acknowledged before me, by WILBUR H.
MATHIAS, the Testator, this 11 ~ day of '~~1 /L ,2002.
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Wilbur H. Mathias, Testator
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NOTARIAL SEAL
MERLENE J. MARHEVI<A. NOTARY PUBUC
CARLISLE. CUM8ERL.NID CCUNTV, PA
MY COMMISSION EXPlFIES JUNE I,IlI02
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COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
We, Thomas E. Flower and James D. Flower, Jr. ,
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
Testator sign and execute the instrument as his Last Will; that he signed willingly and that
he executed it as his free and voluntary act for the purposes therein expressed; that each
of us in the hearing and sight of the Testator signed the Will as witnesses; and that to the
best of our knowledge the Testator was at that time 18 or more years of age, of sound
mind and under no constraint or undue influence.
and
Sworn or affirmed to and subscribed to before me by Thomas E. Flower
Jr . this / 7 cJ- day of
~wer,
,2002.
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NOTARIAL SEAL
MERLENE J. MJ\RHEVKA, NOTARY PU8UC
CARLISLE. CUMBERLAND COUNTY, PA
MY COMMISSION EXPIRES JUNe.. 2002
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CODICIL
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I, WILBUR H. MATHIAS, the within named Testator, do hel~9\mo; and {~~
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publish this Codicil of my Last Will and Testament dated April tl, 2002. ~
FIRST
I hereby amend the Sixth Article of the said Will, commencing with the
word "Lastly," to provide as follows: I nominate, constitute and appoint
ROBERT COMPTON, of 221 Glenn Riddle Road, Media, Pennsylvania, to act as
Executor of this my Last Will and Testament. In the event that ROBERT
COMPTON should be unable or unwilling to act as executor, then I appoint
~ ae1k..~ptfu
- "'~,lH ~~nl<:, to serve as alternate executor. No Executor shall be required to file
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bond, in this or any other jurisdiction.
SECOND
In all other respects I hereby ratify, confirm and republish my Last Will
dated April 17, 2002, together with this sole Codicil as and for my Last Will.
IN WITNESS WHEREOF, I, WILBUR H. MATHIAS, have hereunto set my hand
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and seal to this Codicil to my Last Will and Testament this ~y of May,
SAlOIS,
ROWER & 2006.
LINDSAY
MmRNEYS.KfolAW
2109 Market Street
Camp Hill, PA
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WILBUR H. MATHIAS
SAlOIS,
FLOWER &
LINDSAY
,<;ITORNEYS.AfolAW
2109 Market Street
Camp Hill, PA
Signed, sealed, published and declared by the above-named Testator, as
and for a Codicil to his Last Will and Testament in the presence of us, who
have hereunto subscribed our names at his request as witnesses, thereto, in
the presence of said Testator and of each other.
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COMMONWEALTH OF PENNSYLVANIA:
55.
COUNTY OF CUMBERLAND
We, WILBUR H. MATHIAS, Ilto#w(/1-(~.~ and Sttlk~d S,ff1ff<JAJ /(the
,
Testator and witnesses, respectively whose names are signed to the foregoing
or attached instrument, being first duly sworn, do hereby declare to the
undersigned authority that the Testator signed and executed the instrument
as his Codicil and that he signed willingly and that he executed as his free
and voluntary act for the purposes therein expressed, and that each of the
witnesses, in the presence and hearing of the Testator signed the Codicil as
witness and that to the best of their knowledge the Testator was at the time
18 or more years of age, of sound mind and under no constraint or undue
influence.
Jt/~'V If /l1~
WILBUR H. MATHIAS
Witness SA#tItt& SI/..1P~~AJ JR./
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Witness
SAllIS,
FLOWER &
LINDSAY
AIlDRNEYS.AT.!AW
2109 Market Street
Camp Hill. PA
Commonwealth of Pennsylvania
County of Cumberland
55.
On this the J'.!- day of 2006, before me
:if I '1 ~S/Nr~t:--; the undersigned officer, ersonally appeared Thomas E.
Flower, known to me or satisfactorily proven to be a member of the bar of the
highest court of Pennsylvania, and certified that he was personally present
when the foregoing acknowledgment and affidavit were signed by the
testator and witnesses.
I have signed my name and affixed my seal.
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/ otary
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sara J. Ensinger, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Oct. 17, 2009
Member, Pennsylvania Association of Notaries
SAIDIS,
FLOWER &
LINDSAY
ATTORNEYS-AT-LAW
2109 Market Street
Camp Hill, PA
AFFIDA VIT
On this 26th day of May, 2006, I, the undersigned Thomas E. Flower, prepared a Codicil for
Wilbur H. Mathias, and took it for his signature at Health South Rehab center, where I found
him in his room at about 11 :30 a.m., eating his lunch. At his instruction, I had earlier
prepared the Codicil to replace the executor under his Will, Allfirst Bank, with his friend,
Robert Compton. He had not instructed me to name an alternate executor, but when I drafted
the Codicil to replace the appointment of Allfirst with Mr. Mathias's choice, Robert Compton,
I inserted M&T Bank (successor to Allfirst), a provisional alternate executor.
When I explained the contents of the document to him, prior to his signing, he insisted he did
not want the bank as alternate executor, but wanted Robert's daughter, Mary Beth Compton,
to be his alternate executor. I then made the change, as instructed, by hand, crossing out
"M&T Bank" and writing in "Mary Beth Compton" above it. Mr. Mathias then signed in the
margin by the change, in order to endorse my hand-written correction, and, after that, signed
at the end of the Codicil and signed the acknowledgment. His roommate, Mr. Simpson, was
present for all this, eating his lunch, and he willingly signed as a witness to Mr. Mathias's
execution of the Codicil.
I make this affidavit for the purpose of memorializing the sequence of my hand-written
change, at Mr. Mathias's direction, and his subsequent endorsement of the change by signing
in the margin, before signing at the end of the Codicil.
Dated: t;b~!06
~~
Thomas E. Flower, Esquire