HomeMy WebLinkAbout07-18-08PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA
Estate of Margaret T Mikula
also known as
Fite Number 21 - 0$
,Deceased Social Security Number 172-18-9267
Marian O. Willauer
Petitioner(s), who is/are 18 years of age or older, apply(ies) for:
(COMPLETE A' or `8' BELOW:)
Q A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) islare the EXeCUtrIX named in the
last Will of the Decedent dated 11/14/2005 and codicil(s) dated
(State n:levant crrcumstan,^,es, e.g., renunciation, death of executor, et<:.)
Except as follows, Decedent did not marry, was not divorced, and did not have a child born or adopted after execution of the instruments} offered
for probate, was not the victim of a killing and was never adjudicated an incapacitated person:
B. Grant of Letters of Administration
appica , en er. c .a.; ..n.c..a.; en e i e; uran e a en ia; uran a mmo a e
Petitioners} after a proper search has !have ascertained that Decedent left no Wili and was survived by the following spouse (if any} and heirs: (If
Adminisfratran, c.t.a. ord.b.n.c.t.a., enter date of Wil! in Section A above and complete list of heirs.)
Name Relationship Residence
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(COMPLETE IN ALL CASES:) Attach additional sheets if necessary. ~ ' > "~~~ ~'
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DeceUent was domiciled at death in Cumberland ~,Cppounty, Pennsylvania with his /her fast principal residnce~t -
770 Popular Church Road, um~ertarld+County, Pennsylvania =~~
Decedent, then $$ years of age, died on 06/30/2008 at Golden Living Center West Shore
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) AI( personal property $ 1,100.00
(If not domiciled in PA} Personal property in Pennsylvania $
(ifi not domiciled in PA)
Value of real estate in Pennsylvania
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Wil! and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
Signature Typed or printed name and residence
Marian O. Willauer 511 Brom Court
A/~a rl.~ /" / ,) ,/!~~~ Mechanicsburg, PA 17050
Pomp
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Personal property in County
Copyright (c) 2006 form sofN,are only The i.ackner Group, Inc.
Page t of 2
Oath of Persona( Representative
COMMONWEALTH OF PENNSYLVANIA } SS
CouNrr of Cumberland }
The Petitioners} above-named swear(s) or affirms} 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 affirry?e~dyaynd subscribed
before me t;',is ` 0 - ~ clay of
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For the Register
GUS
of Personal
Marian O. Willauer
File Number:
21 - 08 . '1
Estate of Margaret T Mikula
Social Security Number: 172-18-9267 Date of Death: 06/30/2008
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AND NOW, ~,1.~.,~ 1 ~ ~~ , in consideration of the foregoing Petition, satisfactory proof
having been presented before me, IT !S DECREED that Letters Te5tamentat'y
are hereby granted to Marian O. Willauer
in the above estate
and that the instrument(s) dated 11/14/2005
described in the Petition be admitted to probate and filled of record as the last Wil! (and Codicil(s)) of Decedent.
FEES
Letters ....................................... ..... $ Z~ , ~'7
Short Certificate(s) ................... ..... $ ~ ,
Renunciation(s) ........................ ..... $
~,~, ~ l ~ $ t S , cx~
Jc,~ $ ~~o.~~
~~ _
$ 5 . C~
$
$
$
$
$
TOTAL ............................... .... $ ~j ~' . ~~
Signature of Personal Representative
Atti
Law Office of Scott M. Dinner
address: 3117 Chestnut Street
Camp HiN, PA 17011
Telephone: 7'!7!761-5800
Form RW O2 Rev. 70-13-2006 Copyright (c12006 form software only The Lackner Group, fnc. Page 2 of 2
Attorney Name: Scott M. Dinner Esq.
Supreme Court I.D. No.: 53353
Ills-,el L= REV- itf 1;77?.
LOCAL REGISTRAR'S CERTIFICATION OF DEATH
WARNING: tt is illegal to duplicate this copy by photostat or photograph.
Fee for this certificate. X6.00
P 1460369
Certification~.~lumber
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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 fit`t`in'g. qq
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Local Registrar Date Issued
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TYPE; PRINT IN
PERMANENT CERTIFICATE OF DEATH
BLADK INK (See instructions and examples on reverse) ~ , . ~~ • ~~
STATE FILE NUMBER
1. Name of Decedent fFrst. middle IasL suthx) 2. Sex 3 Social Secunry Number a. Date of peach IMOnIh, day. year)
Margaret Mikula Female 172 - 18 - 9267 June 30, 2008
5. Aqe (Last Bidhday~ Under 1 year Under I tlay 6. Date of &nh (Month. day, year) 7. Bmnplace (Gty and state or lorergn wuntry) Ba. Place of Deem IC'~neck only one)
88 ""~""_ °'"~ "°"'~ N'""" Jan. 7, 1920 t
ne`.
Johnstown, PA H°a°ita`o
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^ Inpatrenf ^ ER ~ Outpafrent ^ DOA L7 Nursing Home ^ Resitlence ^Other -SpecBy-
86. County of Death 8c Gry Boro. Twp. of Death 8tl. Faalgy Name III not msntNwn, gyve street and number) g. Was Decedent of Hispanic Origin? W No ^Ves t 0. Race. Am¢ncan Indian, Black, White, etc.
Cumberland
Camp Hill
Golden Living Center West Shore (If ye_<, 5peciYy CuOan
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1+. Decedent's Usual Occu Iron IKird of work d one tl urind most el workin tile. Do noI slate retued 12. Was Decedent ever in the 13 Decedents Educalgn (Speciry only highest grade compl eted, 7d. Man+al Slaws: Married, Never Marred. 15. survrvrng Spo use (II woe, give maiden sorrel
Ki N Work
~~ce Pres
Asst
N of Busules5 i Intlusiry
Ban"~c ILS. Artnad Tomes?
Elementary /Secondary (0~12J
College (1-4 or 5+) Widowed, Divorced lSpecityf
.
. ^Ye5 I~NO i. 5+ Widowed
76. OecetlenYS Mailing Adtlress Israel. city;town stale, zip code)
h Decedents
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A Pennsylvania DVOeDn retlent
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edent L
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770 Popular Churc
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PA 17011
Camp Ni l l ,7b County ,)tl [~ 0.~Dxede~l
Lwedwahin Camp Hill
Cumberland
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City; Bnro
18. FaUer'S Name (Fist, middle. last, suflixl 19. Mother's Name (First. middle, maiden surname)
Joseph S. Trosan Susanna Macey
20x. Informant's Name IType: Print) 20b. Inlormanl's Mating Atldress (Street. city r town. stale, zip cotle)
Marion Willayer 511 Brom Court Mechanicsburg, PA 17050
2 ta. Metnotl el Disposilron ^ Cremation ^ Donaaon 21 b. Date of DisDoslUOn (MOmlh. day, year) tic. Place of Disposition (Name of cemetery, crematory or aher place) 21d. Location jGty town, state. zip code)
Burial ^ Removal from State ;Was Cremation ar Donation Autlrmized Jul 3
y 2008 Francis Cemeter
St
y Johnstown
PA 15906
^ I„n¢r - Spaoih- ~ ; ~ Medical Examiner I Coronert ^ Ya5 ^ Nd ~ .
22x. rc (or person acting as such) 22b. License Number 22c. Name and Address of Faaliry
~ FD 010235 L Ozog Funeral Home 710 Broad St. Johnstown, PA 15906
mDlete 11 s g 23x. T° fine best of my knowletlge, deals acurred at fine line, date and Olace staled. (Signature and title) 23b. wcense Number 23c. Date signetl (Month, day, year)
physician oval lea deem to ~ ~ . I RN~3 ~
Z 75 ~ T
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cemry e 1 h. ~~
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ms 24-26 must be cempleleC by person 24. Time of Deam
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~ 25. Dale Prorwunced Dead IMnnlh. day, year) 26. Was Case Relerretl to Metlrcal Examiner r Coroner for a Reason Other roan Cremation or DonaOOn?
woo pronouxes tlealn. /
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U I S / M' u /~ P O ~c~UB ^ Yes
CAUSE OF DEATH {See instructions and examples) r Approximate interval. Pan II: Enter otn¢r sgnihcanl contlYions coninbutino to tleadi. 28. Dld Tobacco Use Contribute to Death?
Item 27. Part I'. Enter me chain of events - di5ea5es, injuries, a Umpbcairon5 -Mat dire ily tau5ed me tlealn DO NOT enter terminal euenls such as cardiac arrest, Onset to Death but not resulting in the urtd¢nymg Cause given m Part I. ^ Yes ^ Probably
resDirdlory arrest, or venlnCUlar librdlalipn wiinout snowing Me etiology. List only one cause On each hoe. ~ No ^ Unknown
IMMEDIATE CAUSE IIFina~ tlisease or /
contlnion resulting m tlealn) -; a- C e/(„t b~ ~/ns e, / L
r ~1 ~y N
29. ll Female.
i
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Due Io (or as a consequence ol). v Nat pregnam wth
n pas
year
Sequentially list Conditions. it any, b A'~~ ~~ ~C ~~ ~ ~ ~ ~ Pregnant at tlme oI death
leadin99lo the Cause lisletl on hoe a.
Enter the UNDERLYING CAUSE Due to for as a wnsequence oft:
^ Not Dragnanl. bin pregnant within 42 days
IdiSease or mJUry final initiated the ~
evenrs resudin
m death) UST 01 death
g
.
Due Io (or as a consequence ol).
^ Nol Dregnant. but pregnant 43 days l0 1 year
belore death
d.
^ Unknown II pregnam wilhln the pall year
30x. Was an Autopsy 300. Were Auopsy Fntlings 31. Manner of Death 32x. Date of Injury (MOnm, day, year) 32b. Describe How Injury Occurred 32c. Place of Injury: Home, Farm. Street. Faceory,
Penormed? AvahaWe Prior b Complelron p~I
~ Nawral ^ Homicide OPoce Building, e1C. (Speciry)
of Cause of Death? ,
^Ves ~No ^Ves ^ No ^ Accident ^ Pending Investigation 32d. Time of Injury 32e. Injury at WoM1? 32i. II TranspOnation Injury (SpecrtyJ 32g. Locahon °I Inryry (Street. coy ~ Igwn. sidle)
^ Suiade ^ Could Nol be Delernmed ^ Yes ^ No ^ Dover ~ Operator ^ Passes er ^Pedes(nan
M ^Olner. Speciy:
33a. Certifier (Check only one) 33b. Sgnawr Ale oI Cen~Yier
• Certitying physician (Phyemar. certrrying cause W tlealn when anNher pnysinan has pronounced death antl completed Item 23, , ~~
To the best of my knowledge, tlealn occurred due b the wuse(s) antl manner as stated.. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ .. _ _ _ _ _ _ . _ _ _ ^
• Pronouncing arM certitying physician {Pnysiciar. both Dronouncimg death antl cenirymg to cause o! tlealhl
To me best of my krwwkdge, death occurretl at the time, date, antl place, and due tq the cause(s) and manner as sfeted_
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,~ 33c. Ucense Number
33d. Dale S~apEd ( inn tlay. year)
• Medical Examiner/Coroner ~
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Dn the basis of examination and! or investigation. in my opinron, death occurred at the lime, date. and place, antl due to the teasels) and manner es sgtetl_ ^ ~ Name and Atldress of Per
fpFdm.plet ~;ey~¢~glllaln 27i TYI~' Print
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Drsposnron Permit No ~ ~ ~ ~ ~J 1
LAST WILL
OF
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MARGARET T. MIKULA ~ o «; ~:
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I, Margaret T. Mikula, presently of 1100 Grandon Way [Le~ of ~eekview~
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Township, Cumberland County, Pennsylvania, declare this to be~ny Last ll hareby
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all Wills and Codicils previously made by me.
ARTICLE I
Payment of Debts/Ex~enses: I direct the payment of my legally enforceable debts,
expenses of my last illness and the final disposition of my remains from my estate as soon after
death as may be convenient.
ARTICLE II
Personal Property and Household Effects: I give certain items of my household
and tangible personal property to my friends and family in accordance with the terms of
written memorandum which I have prepared. Any such property not disposed of by such
memorandum, or all of such property if the memorandum is not located or received by my
Personal Representative, shall be part of and pass with my residuary estate as provided for in
ARTICLE III.
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if the written memorandum referred to in this ARTICLE II is not located or
by my Personal Representative within sixty (60) days after taking office as such, after and
the conducting of a reasonable search for such memorandum, the Personal Representative
be held harmless for distributing such property as hereinbefore provided.
ARTICLE III
Residuary Estate: i do give and bequeath the rest, residue and remainder of my
both real, personal and mixed, of whatsoever kind and wheresoever situate equally amongst
following individuals: my niece, Marian O. Willauer, presently of Mechanicsburg, Pennsylvania,
sister, Ann T. O'Connor, presently of Pottstown, Pennsylvania and my stepson, Andrew T.
presently of Butler, Pennsylvania, per stirpes.
Further, if any bequest or devise or portion of my residuary estate is to be received by
beneficiary who has not attained age twenty-five (25), then my Personal Representative need not,
in his or her or their discretion ,require the appointment of a guazdian but shall be authorized to
such share to (i) the person having custody of such beneficiary; (ii) such beneficiary without
intervention of a guardian; (iii) a legal guazdian for such beneficiary if one has already been
appointed; or (iv) a suitable adult person as custodian under the Pennsylvania Uniform Transfers to
Minors Act (or substantially similar laws of other states).
.~cott ~. ~ninner
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ARTICLE IV
Personal Representative: I nominate and appoint my niece, Marian O. Willauer,
serve as my Personal Representative. In the event of her death, resignation, renunciation or
to act, then I appoint my niece's husband, William A. Willauer, and my nephew, Richard
O'Connor, presently of Emmaus, Pennsylvania (in the order named), to serve as my successor
Representative.
ARTICLE V
Fiduciary's Performance and Powers: No fiduciary under this Will shall be
to give bond or other security for the faithful performance of the fiduciary's duties.
Any such fiduciary shall have the following powers, in addition to those given by law:
1. To retain any property, pending distribution hereunder, to invest in or
purchase any property without restriction to legal investments for
fiduciaries, to distribute property in kind, to disclaim any interest in
property, and to sell any property at public or private sale;
2. To hold shares of stock or other securities in nominee registration
form, including that of a clearing corporation or depository, or in book
entry form or unregistered or in such other form as will pass by delivery;
3. To engage in litigation and compromise, arbitrate or abandon claims;
4. To make distributions in cash, or in kind at current values, or partly in each,
allocating specific assets to particular distributee on a non-prorata basis, and for
such purposes to make reasonable determinations of current values;
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5. To make elections, decisions, concession.5 and settlements in connection with
all income, estate, inheritance, gift or other tax returns and the payment of such
taxes, without obligation to adjust the distributive share of income or principal of
any person affected thereby;
-4-
6. To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property;
7. To manage, control, repair and improve all estate property;
8. To procure and carry at the expense of the Estate, insurance of the kinds,
forms and amounts deemed advisable by the Personal Representatives to protect
the Estate against any hazard;
9. To employ any attorney, investment adviser, accountant, broker, tax
specialist or any other agent deemed necessary in the discretion of the Personal
Representative and to pay from the Estate reasonable compensation for all
services performed by any of them.
ARTICLE VI
Death Taxes: I direct that all inheritance, estate, transfer, succession and death
of any kind whatsoever, other than any generation skipping taxes, (including any interest and
ies thereon), which may be payable by reason of my death with respect to: (i) property
under this Will or (ii) any of my non-probate property, shall be paid out of the property
ivin~ rise to such taxes on an incremental tax basis.
ARTICLE VII
Protection from Improvidence: No interest of any beneficiary under this Will or
codicil hereto shall be subject to anticipation or voluntary or involuntary alienation.
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ARTICLE VIII
Invalidity: If any provision of this Will or of any codicil hereto is held to be
invalid or illegal, it is my intention that all of the remaining hereof shall continue
be fully operative and effective so far as it is possible and reasonable.
IN WITNESS WHEREOF, I have subscribed hereunto and caused this my Last
consisting of six (6) typewritten pages, including this attestation clause, to be executed,
and published this 14th day of November, 2005, at Mechanicsburg, Pennsylvania.
esses:
.~cott ~. ~inacer
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I~~ ~j 4
ARGARET T. MIKULA
Residing at 71 5 Second Street
New Cumberland, Pennsylvania
Residing at 11 1 Sholly Drive
Mechanicsburg, Pennsylvania
-6-
ACKNOWLEDGMENT AND AFFIDAVIT
MMONWEALTH OF PENNSYLVANIA)
LINTY OF CUMBERLAND )
We, Margaret T. Mikula, Timothy A. Kline and Scott M. Dinner, the Testatrix and
witnesses, respectively, whose names are signed to the foregoing instrument, being duly
according to law, do hereby declare to the undersigned authority that the Testatrix signed
executed the instrument as her Last Will, that she had signed willingly, and that she executed it
her free and voluntary act for the purposes therein expressed, that each of the witnesses, in the
and hearing of the Testatrix signed the Will as witnesses and that to the best of the
knowledge, the Testatrix was at the time eighteen or more years of age, of sound mind
under no constraint or undue influence.
,-'-~~ _,
RGARET T. MIKULA, Testatrix
~"'`---
On this, the / day of November, 2005, before me, Mary Anne E. Bayer, the
.~co4E 1~'~. ~inia~r
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0"117 C7~P ~~~~a :~a„~~t
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undersigned officer, personally appeared Scott M. Dinner, Esquire, known to me to be a member
of the Bar of the Supreme Court of Pennsylvania, and certified that he was personally present when
the foregoing Acknowledgment and Affidavit was signed by the Testatrix and witnesses.
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