HomeMy WebLinkAbout04-19-12PETITION 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) thl
following and respectfully requests the grant of Letters in the appropriate form:
Linda M. Walke
Decedent's Information File No: 21 -12 ~(~'
Name: Lillian M Malachowski (Assigned by Register)
a/k/a:
alk/a: Social Security No:
a!kla: Age at Death: 79
Date of Death: 0410212012
County, pA (State) with hislher last
Decedent was domiciled at death in Cumberland Lower Allen Cumberland
principal residence at 325 Wesle Drive, A lftment 3319, Mechanicsbur 17055 c;ry, Township or Borough county
Street address, Post Office and Zip Code
Cumberland PA
Decedent died at 325 Wesley Drive, Apartment 3319, Mechanicsburg 17055 cry eo mahlp or Borough county state
Street address, Post Office end Zip Code
Estimate of value of decedent's property at death: $ 194,000.00
Ndomiciled in Pennsylvania ........................ All personal property
If not domiciled in Pennsylvania ................. Personal property in Pennsylvania $
If not domiciled in Pennsylvania ................. Personal property in County $
Value of real estate in Pennsylvania........... TOTAL ESTIMATED VALUES 194,000.00
Real estate in Pennsylvania situated at
(Attach additional streets, ff necessary.) County
City, Township or Borough
Street addr~sa, Pbat Office arW Zap Code
QX A. Petition for Probate and Grant of Letters Testaments 01127-2009 and Codicil(s)
Petitioner(s) aver(s) that helshe/they is/are the Executor(s) named in the Last Will of the Decedent, dated
thereto dated
(State rele((v)ant circumstances, e.g., renunciation, death o/executor, etc.) p rty
dlvoroeapsoceeding wher~eln the ggurounds f~oe.divorce hadsbeeftn establishedaas defnedent23 Pa.tC.S.~§~3323(g)tand did nit have a chadbom ofending
adopted; and Decedent was neither the victim of a killing nor ever ad)udicated an incapacitated person.
QX NO EXCEPTIONS Q EXCEPTIONS
(If applicable)
^ B. Petition for Grant of Letters of Administration c a ; ~.; , .n.c..a.; pe en a e; uran a sen la; uran a mino a
If Administration, c.t.a or d.b.n.c.t.a., enter date of Will in Section A above and comulete list of heirs.
~,..>
Except as follows: Decedent was not a party to.pending divorce proceedingg wherein the,grounds for divorce had been established as defined
in 23 Pa. C.S. § 3323 (g) and was neither the victim of a kliling nor ever adjudicated an Incapacitated person. O r,.a
QX NO EXCEPTIONS Q EXCEPTIONS r1 ~ ~7
Petitioner(s), after a proper search haslhave ascertained that Deoedefd left no Will and was survived by the following spouse (if any) and heiA ~~ ~. r i T,
additional sheets, if necessary): _y ~; j ~ ~ r s,.-!
Page 1 of 2
Form RW-02 2v. 10-11-2011 Copyright (c) 2011 form software only The Lackner Group, Inc:.
Oath of Personal Representative
COMMONWEALTH OF PENNSYLVANIA } r ~ , , ~ ~..~~ Q~
couNTY of Cumberland } ss: - _ ~,~
Petitioner(s) Printed Name } +~
Petitioner(s) Printed Address
Linda M. Walke 5081 Carrollton Drive W
Harrisburg, PA 17112 O~ Clr~~1E{ ~~
~; .r
- C~; Pq
the in th~edforegP
belief of tPetttioner(sj and that a Personal Rep eseritative(sj of
t
ionerts) a
l! tr II a
d
adm
is
b
,
Sworn to or affirmed and ubscribed before
met ' ~ da of _~V ~ _ e
it
i
n
truy
n
te
the estate according to law.
Date 2
By: ~ ~ 6~-~ Date
F rtheRegister Date
Date
BOND Required? ~ Yes No To the Register ofWi!ls:
FEES
Letters
~~~ Please enter my appearance by m y signature below:
................. $
I ~) Short Certificate(s Attorney Signature:
)..........
~ -°
I )Renunciation(s) ...............
, /1 _ ,~.
M~a+
( )Codicil(s) .........................
Affidavit(s) .......................
Bond .............................................. Printed Name: Debra K Wallet
Commiss'o ................................... Supreme Court
Other i ~ ~ ~ _
ID Number: 23989
Firm Name: Law Offices of Debra K. Wallet
Address: 24 North 32nd Street
Camp Hill, PA 17011
Automation Fee...
.......................... Phone: 717/737-1300
JCS Fee ......................................... ~ • Fax: 717!761-5319
TOTAL ........................................... $ E-mail: walletdeb~aol.com
DECREE OF THE REGISTER
Date of Death: 04!02/2012
Estate of Lillian M Malachowski Social Security No: 165-26-5337
a/k/a: File No: 21 -12 / ~
AND NOW,
satisfactory proof having been presented before me, IT IS DECREED that Letters Testamentary ~ in consideration of the foregoing Petition
are hereby granted to Linda M. Walke
in the above estate and (if applicable) that the instrument(s) dated n~ „„~nr,e
described in the Petition be admitted to probate and filed of
H105.805 REV (on n
~f~F.~ ~~~C6TRAR'S CERTIFICATION OF DEATH
~(AR~gIVG, lt';il~~1'~egal to duplicate this copy by photostat or photograph.
I I l_ .~:,., i _ ..
Fee for this certificate, $6. ~ ~ ,.' ~ ~~
~~~ ~ 9 ~~~~ "~ ~ J This ;is to certify that the information here given is
correctly copied from an original Certificate of Death
CL~RK ~~ duly filed with me as Local Registrar. The original
~~P~t(~j'S Ct~URT certificate will be forwarded to the State Vital
~~ PA Records Office for permanent filing.
P 18 4 7 4 7 7 ~F~'! P.r~n c, `
Certification Number ~ ~ ~{ /
Type/Prln[ In Local Re istrar Date Issued
Permanent COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS
Black Ink CERTIFICATE OF DEATH
1. Decedent's Legal Name (First, Mlddie, Last, Suffix) State File Number:
Lillian M. Ma 18chOwa ki 2. Sex 3. Social security Number 4. Date of Death (MO/Day r) (Spell Mo)
sa. Age-Last 9lrtha.y (yrs) sb. under 1 y..r s~ ,,...._....__. _ _ Female 165-26-5337 w__. , .. ___ _
^ Yes ®No ^ Unknown
~_
Divorced Q Never Married ^ Unknown
r.:, decedent uyad In Lr~er Allen
trop.
No, tlepdent Ilved withln Ilmits of
g Mra . Linda M. Welke - ~-- ~~~~--'~""~~ `° ~°C°Of°t 14c. Inro mant' -
r
Da
.................................
I D u hter- :n-: aw SOt3l
Carols
$
J
~ yy
eath Occurred In a Hos Pital: IJ Inpatient ~ •"'~•~••~•~•
Emergency Room/OUtpatieni Oead on Arrival
.....'
o
r ••~•- -••><.... ,eat on One
ilf Daet11 Occurred Somewhere Othe~Than a'!
`a~
.
15 b. Facility Nama (If hoe Instltutlon, glue street and number; Nursing Homa/Long-Term Care Facill
325 Wes le Drive A t . 3319 1st. city or Town, st.e., .nd zIP c°d.
16a. Method of Oispositlon Burial
Q ® Cremati MCChanc isbur PA 17055
on
^ Removal hom Sbte
O Donation
Other (SpecHy) 166. Data of Dlsposltion i6c. Place of Dis{
16d. Location o} Dlspositlon Clty or Tow
S Apri 4, 2012
Cremation
n,
tate, and ZIp)
Harrisburg PA 17109 17a si
t e of Funeral sarviy~[~t.p'.! or~
'
'
,
/
1'lc. Name and Complete Address o1 Funeral Facility
Auer Cremation Servic
£ (
/
~
~' es o
Pennsylvania Inc. 4100 Jonestown Road
18. Decedent's Education -Ch
k
ec
the box ihst best describes the
highest degree or level of school com
l
t
d 19. Decedent of Hispanic Origin -Check the
p
e
e
at She time of death.
Q 6th grade or less box that best describes whetMr the decedent
^ No diploma, 9th - 12th grade
^ Hi
h
h is Spanish/HlspanlULatino. Check the "NO"
box if decedent I
g
sc
ool graduate or GED completed s not s
panish/HbpanlULatino.
®N
Q Some college credk, but no tlegree o, not 5 Ish/His
Pan Panic/4tino
® Associate degree (e.g. AA, AS) ^ Yes, Mexican, Mexitan American, Chicano
^ Bachelor's degree (e.g. BA, Ag, g5) Q Yes, Puerto Rican
^ Master's degree (e.g. MA, MS, MEng, MEd, MS W, MBA
) ^ yes, Cuban
Q Yes
th
^ Doctorate (e. PhD, EtlD
B~ ) or Profesalonal degree , o
er spanlsh/Hlspanlc/Latino
e. MD DOS OVM LLB ID (Specify)
21. Decedent's single Race Self-Designation -Check ONLY ONE to indicate what the decadent considered himself or h
® White
^ Japanese
Q Black or African American ^ Korean ^ Samoan
^ American Indlen or Alaska Natlye ^ Vletn•mese ^ Other Pacinc Islander
Q Asian Indlen ^ Other Asian Q Don't Know/Not Sure
Q Chinese ^ Native Hawaiian
^ Filipino ^ Refused
^ Other (specify)
^ Guamanian or Chemorro
(u
yy~
a7.
a
2a. Decedent s Usual Occupation -Indicate type of roots
one during most of working Ilfe. DO NOT USE RETIRED.
A.egistered Nurse
26. Part 1. Enter the chain of t --diseases, Injurlea, or complicatlOns' that dl~ectVr YCA 11Y
respiratory arrest, or ventrtcular flbrlllatlon without showing the atiolo Y causatl the death. DO NOT enter terminal events such as cardlsc arrest
~! /t By. DO NOT ABBREVIATE. Enter only one cause on a line. Add •dditlonal Imes if necessary
IMMEDIATE CAUSE _______________> a. ~i 'J GT~ S ( /T r'~ C mAL((s~{V ~}(y-T ~42G1 IVpt (~
(Final disease or condition Due t0 (or as a co
reswnng in death) nsaquence ot):
b.
Sequentially list conditions, Due to (or sequence of):
if anY. leading to the cause as a con
ItsMd on line a. Enter the
UNDERLYING CUBE
(tlisease or Injury that Due to (or as a consequence of):
Initiated the events resulting d,
In death) LAST.
Due to (or as a consequence O/)•
26. Part Ii. Enter other Ir iti t ditl t Ib tl t h but not resultine in eh.
I p not pregnant withln past year ~ °°acco use Contribute to Death? -r'
^ NO chant at time of tleath ^ Yea ^ Probably I _
Q pregnant, but pregnant within 42 days of death ~~NO )^ Unknown
Q Not pregnant, but pregnant 43 dayc to 1 year before death 32. Date of In u
Q Unknown If pregnant withln the past year ) ry (MO/Day r) (Spell Month)
Approximate
interval:
Onset to Death
'r,~~eay4
to complete the rouse of death?
natural ^ Homlclde
Accident Q Pending Investiptlon
swtme p coma not be determined
yes -~ "~ I38. Describe How Injury Oeeurrod:
No O PH Set/` Perator ^ Pedestrian
_ O other (specify)
In (cn k ly ) n
Certifying physlclan - To the best of my knowledge, death occurred due to She cause(s) and manner stated
^ Pronouncing 14 Certifying physlclan - To the best of my knowledge, death occurred at the isms, date, and place, and due to the eau se(s) and manner stated
^ Medical Examiner/Coroner - On the basis o1 examination,/endue/or investiption, In my opinion, death occurred at the time, data, and place, and due to the cause(s) and manner stated
Signature of certifier:_ /7l~ Title of certl/let: ~t D
b. Name, Address and Zlp Code Of Person Completing Cause of Death (Item 26) License Number:_ n~ Q Q 1(~j fy~
,/ot mYq 1 ~ ii'at 1 d•l' titY 3 N S"~ TY7'rtGl C.e ~G1 CG m i~7'! t %~et I `l v t ( 39c. Date Signed (MO/DaV/Yr)
. Registrar's District Num 41. Registrar's Slgn~ure ~ /7 ^ A ~ U (3 20 1 i--
of PA
753
to Indicate what
the decedent considered himself or her elf to be
® White ,
^ Korean
(~ Black or African gmerican Q Vietnamese
Q American Indian or Alaska Native ^ Other Asian
^ Asian Indlen
^ Chinese ^ Native Hawallan
^ Filipino Q Guamanian or Chemorro
^ Japanese ^ Samoan
^ Q Other Pacinc Islander
Other (SpecHy)
Disposiflon Permit No. V 1 "'T (~~~~ H105-143
REV 07/2011
]LAS°~ W~g,~, AI~g~ ~]ES~AI~][]E~T7C
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C^
I, LILLIAN M. MALACI-IOWSKI, of Mechanicsburg, Cumberland County, L~
Pennsylvania, being of sound and disposing mind, memory, and understanding, do hereby
make, publish, and declare this to be my Last Will and Testament and hereby revoke all other
Wills and Codicils that I have made, including the Will dated January 26, 1998.
FIRST: All of my Estate, of whatever nature and wherever situate, I give,
devise, and bequeath, in equal shares, to the following individuals who shall survive me by
thirty (30) days: my son, TED R. WALKE, of Harrisburg, Pennsylvania; m dau hter T
Y g INA
McNAUGHTON, of New Oxford, Pennsylvania; my daughter, DEBRA D
. WALKE, of
Dallas, Texas; my daughter, DIANA L. WALKE, of San Francisco, California; my
. granddaughter, MEGAN C. WALKS, of Harrisburg, Pennsylvania; my grandson,
BENJAMIN R. WALKS, of Harrisburg, Pennsylvania; my granddaughter, ABIGAIL J.
`~
WALKS, of Harrisburg, Pennsylvania; and one share to any grandchildren born after the date
of this Will but before the date of my death. Should any of my beneficiaries fail to survive me
by thirty (30) days, then this beneficiary's share is to be re-divided among my surviving
beneficiaries listed in this paragraph.
SE_: If any portion of my Estate shall be payable to a beneficiary who is less
than eighteen (18) years of age, my Executrix may pay such share to the beneficiary's parent
- =f
.~ -.
;'_.
-r: ~ ~-
f.-'•
:. _, :~
C~ {'.J
or guardian, as custodian for said minor, who shall deposit such share in the minor's name in a
Uniform Gift to Minors' Act account in a savings institution of the Executrix's choosin
g~
payable to the minor at majority.
THIRD: All interests of any beneficiary in the income o~° principal of this Estate,
while undistributed and in the possession of my Executrix, even though vested and
distributable, shall not be subject to attachment, execution or sequestr;~tion for any debt,
contract, obligation or liability of any beneficiary and, furthermore, shall not be subject to
pledge, assignment, conveyance, or anticipation.
FO- H: All inheritance, estate, and succession taxes (including interest and an
Y
penalties thereon) payable by reason of my death shall be paid out of and be charged generall
against the principal of my residuary estate, without apportionment or r•i ht of y
g reimbursement
from any person. In the event that a substantial portion, as determined in the sole and absolute
judgment and discretion of my Executrix, of the non-probate assets such as an annuit or
Y
mutual funds are directed to be paid to a beneficiary or beneficiaries, so that the taxes referred
to herein would be paid out of the probate residue passing to the beneficiary or beneficiaries of
this will (whether or not the same as the beneficiary or beneficiaries under the non-probate
assets), my Executrix, in the Executrix's sole and absolute judgment and discretion, shall have
the right to allocate the full or partial payment of the taxes to the beneficiary or beneficiaries of
the non-probate assets.
FIFTH: In addition to all rights and powers conferred by law, I authorize and
empower my Executrix and her successors, in her absolute discretion and without necessity of
obtaining court approval:
A• To buy investments at a premium or discount.
B • To hold property unregistered or in the name of a nominee.
C• To give proxies, both ministerial and discretionary.
D• To compromise claims.
E• To join any merger, consolidation, reorganization, voting trust
plan, or any other concerted action of security holders and to delegate discretionar duties
Y wrth
respect thereto.
F• To lend to, and buy from, my estate.
G• To borrow and to pledge real and personal property as security therefor.
H• To sell at public or private sale for cash or credit: or partly for each, to
exchange, or to lease for any period of time, any real or personal property, and to ive o do
g p ns
for sales, exchanges, or leases.
I• To exercise any option permitted by law which she believes to be
advantageous from the viewpoint of overall tax reductions, including, without limitation o
f the
foregoing, power and authority to claim administration or other expenses either as inco
me tax
deductions or inheritance or estate tax deductions, without regard to whether the were
Y paid
from principal or income and without requiring adjustments between principal and inco
me for
any resulting effect on income or estate taxes, and a deduction of such expenses for income tax
purposes shall be given effect in computing the respective shares of all persons interested in
my estate set forth herein, even though the effect is to increase the share of one beneficiar or
class of beneficiaries hereunder at the expense of another; and to make such Y
adjustments, if
any, between beneficiaries with respect thereto as she shall deem appropriate in view of the
nature of tree transaction and the amounts involved.
J.
K.
To distribute in cash or in kind or partly in each.
To employ agents, legal counsel, brokers, and assistants, and to pay their
fees and expenses as she may deem necessary or advisable to carry out the provisions oft
his
Will or any Trust.
The powers granted hereunder shall be exercisable with respect to all real and personal
property, including, but not limited to, income and principal held for :minors or disabled
beneficiaries at any time, until the actual distribution of all property. .All powers, authoriti
es
and discretion granted here shall be in addition to those granted by law and shall be exercisabl
e
without leave of court. However, nothing herein shall be interpreted ar construed to
encourage, authorize, empower, or permit the Executrix to act or causf; anyone to act in a
manner contrary to or inconsistent with accepted standards of portfolio diversification and risk
management.
SIXTH: I nominate, constitute, and appoint my daughter-in-law, LINDA M.
WALKE, of Harrisburg, Pennsylvania, as Executrix of this, my Last Will and Testament
. In
the event of the renunciation, death, resignation, or inability of my daughter-in-law to act f
or
whatever reason in this capacity, then I nominate, constitute, and appoint my dau hter TI
g NA
McNAUGHTON, as Executrix of this, my Last Will and Testament.
I direct that no representative named above shall be required to post security for the
faithful performance of her duties in any jurisdiction insofar as I am able by law to relie
ve her
of such obligation. Any of my representatives shall be entitled to reasonable coin ensatio
P n for
the performance of the duties set forth here.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~~ ~
~RNKA~~ day of
2009, on this, the fifth of five typewritten pages. I have also signed the
left-hand margin of the first four of these pages for purposes of identification onl
Y•
i
LILLIAN M. MALACHOWS~
SIGNED, PUBLISHED, and DECLARED by the Testatrix, LILLIAN M.
MALACHOWS~, as her Last Will and Testament, in the presence of us, who at h
er request,
in her presence, and in the presence of each other, have hereunto subscribed our n
ames as
witnesses.
~~ ~ litw/di s,,,~j J~(„
~h~,~ic~s,Lw•S `~A 1~oSS
7'7-l ,c ~ D
~~ /~ C/
ACKNOWLEDGMENT
Commonwealth of Pennsylvania
County of Cumberland
I, LILLIAN M. MALACHOWSIG, Testatrix, whose name is signed to the attached
instrument, having been duly qualified according to law, do hereby acknowledge that I si ned
and executed the instrument as my Last Will and Testament; that I si ;ned i g
g t willmgly; and that
I signed it as my free and voluntary act for the purposes therein expressed.
.~
LILLIAN M. MALACHOWSKI
Sworn or affirmed to and subscribed before me by LILLIAN M. MALACHOWS~,
the Testatrix, this v'_=7~ day of ~~~
Y'`j , 2009,
Notary Pub c
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Mary M. Loper Notary Ptd~c
Carnp FNA 13oro, Cumbertar>d Cotx~My
My Commissiort E~ires Oct 27.2011
Member, Pennsylvania As:>ociation of Notaries
AFFIDAVIT
Commonwealth of Pennsylvania
County of Cumberland
We, Debra K. Wallet and ~iq~,
rn' ~-~ ~~ ,the witnesses whose names
are signed to the attached instrument, being duly qualified according to law, depose and sa
that we were present and saw the Testatrix, LILLIAN M. MALACHOWSKI y
sign and execute
the instrument as her Last Will and Testament; that she executed it as :her free and volunt
ary
act for the purposes therein expressed; that each of us in the hearing and sight of the Testatr'
ix
signed the Will as witnesses; and that, to the best of our knowledge, the Testatrix was a
t that
time 18 years of age or older, of sound mind, and under no constraint or undue influent
e.
~Pµ+c 1C - L- ~...
~,,.d-~z,_ ~~-
Sworn or affirmed to and subscribed before me by ~ ~
` • and
-~ ~ • ~ a ih r, ,witnesses, this --~~ day of
~~ r v , 2009.
Notary Publi
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
~+ M• Lam. Notary PubNc
Camp hfi'~ Bono, C~xnberiar`b Cour>~-
MY Commission E~ires Oct 27, 2011
Member, Pennsylvania Association of Notaries