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Home My WebLink About04-09-15 IN RE: : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF WILLIAM P. MOLKO, JR., Deceased NO. 2015-00280 CAVEAT C) TO THE HONORABLE LISA M. GRAYSON, REGISTER OF WILLS OF CERLA ,M� COUNTY: g va AND NOW, comes Lynnette Molko, guardian and natural parent of Anth'onY W� Molko, 7 minor child of William P. Molko, Jr., by and through her attorneys, JSDC Law Dfficq and-, � I- rn w. r— respectfully requests that letters of administration not be granted to Ellen Molko and Zwri -; McGuire and, in support of this Caveat, sets forth the following: 1. On March 8, 2015, William P. Molko, Jr. (the "Decedent") died as a result of natural causes. An original Death Certificate is on file with the Register of Wills of Cumberland County, Pennsylvania(the "Register"). 2. The Decedent is unmarried, but is survived by one (1) minor child (the "Minor") whose name and date of birth are as follows: Name Date of Birth Anthony W. Molko August 1, 2004 3. Decedent died without a Last Will and Testament. 4. Since Decedent died without a Last Will and Testament, intestate succession under the Chapter 21 of the Pennsylvania Probate, Estates, and Fiduciaries Code (the "PEF Code") is followed. Section 2103, in pertinent part,provides the following: §2103. Shares of Others Than Surviving Spouse The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (1) Issue. To the issue of the decedent. 5. Lynnette Molko (the "Petitioner"), an adult individual, is the natural parent of the Minor and legal guardian of the Minor due to the Decedent's Death. 6. Petitioner and Decedent were divorced and Petitioner had primary physical custody of the Minor. 7. Minor has had little contact with Decedent's parents. 8. Petitioner does not have a good relationship with Decedent's parents and there is little or no communication between them. 9. As an example, Ellen Molko was not forthcoming to Petitioner with the funeral arrangements,which directly impacted the Minor. 10. In addition, the Minor requested to receive items of personal property from Decedent's house,but was only granted restricted access. 11. The level of mistrust between the parties is apparent and not conducive to anyone but Petitioner being appointed as Administratrix of the Estate. 12. The only known assets of the Estate are the residence located at 200 9' Street, New Cumberland Borough, Cumberland County, Pennsylvania (tax parcel no. 26-24-0811-280); personal property of Decedent and Minor located in the residence; vehicle; and, possible bank account which the Minor would be entitled to as sole beneficiary of the Estate. 13. Petitioner has prepared the proposed Petition for Grant. of Letters of Administration D.B.N. which is attached hereto as Exhibit"A"and made a part hereof. ;fi Wa. n¢ 14. Since the Minor is the sole beneficiary under the intestate succession law and the Petitioner is the natural parent of the Minor and legal guardian of the Minor, the Petitioner will administer the Estate in accordance with the laws of the Commonwealth of Pennsylvania and will not take a commission. 15. On March 17, 2015, Counsel for the Petitioner filed an Informal Caveat with the Register. A copy of the Informal Caveat is attached hereto as Exhibit "B" and made a part hereof. 16. Prior to final distribution of the Estate being made to the Minor, the Petitioner will file a Petition to have the funds distributed in accordance with Section 5103 of the PEF Code. WHEREFORE, Petitioner requests Your Honorable Register declare that Lynnette Molko shall serve as Administratrix D.B.N. for the Estate of William P. Molko, Jr. on behalf of the sole beneficiary of the Estate—Anthony W. Molko,minor child of the Decedent. Respectfully submitted, JSDC LAW OFFICES Date: By: E EBER,ESQUIRE Attorney I.D. #76084 Suite C-400 555 Gettysburg Pike Mechanicsburg, PA 17055 (717) 533-3280 Counsel for Lynnette Molko, guardian and natural parent of Anthony W. Molko, minor child VERIFICATION I, Lynnette Molko, guardian and natural parent of Anthony W. Molko, minor child of William P. Molko, Jr., hereby verify that the facts set forth in the Caveat are true and correct to the best of my knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: qt q L et Molko, guardian and natural parent of fth y . Molko,minor child IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF : ORPHANS' COURT DIVISION WILLIAM P. MOLKO, JR., Deceased NO. 2015-00280 PETITION FOR GRANT OF LETTERS OF ADMINISTRATION D.B.N. AND NOW, comes Lynnette Molko, guardian and natural parent of Anthony W. Molko, minor child of William P. Molko, Jr., by and through her attorneys, JSDC Law Offices, and respectfully represents as follows: 1. On March 8, 2015, William P. Molko, Jr. (the "Decedent") died as a result of natural causes. An original Death Certificate is on file with the Register of Wills of Cumberland County,Pennsylvania(the"Register"). 2. The Decedent is unmarried, but is survived by one (1) 'minor child (the "Minor") whose name and date of birth are as follows: Name Date of Birth Anthony W. Molko August 1, 2004 3. Decedent died without a Last Will and Testament. 4. Since Decedent died without a Last Will and Testament, intestate succession under the Chapter 21 of the Pennsylvania Probate, Estates, and Fiduciaries Code (the "PEF Code")is followed. Section 2103,in pertinent part,provides the following: §2103. Shares of Others Than Surviving Spouse The share of the estate, if any, to which the surviving spouse is not entitled, and the entire estate if there is no surviving spouse, shall pass in the following order: (I)- Issue. To the issue of the decedent. EXHIBIT 5. Lynnette Molko (the "Petitioner"), an adult individual, is the natural parent of the Minor and legal guardian of the Minor due to the Decedent's Death. 6. The only known assets of the Estate are the residence located at 200 9' Street, New Cumberland Borough, Cumberland County, Pennsylvania(tax parcel no. 26-24-0811.-280); personal property of Decedent and Minor located in the residence; vehicle; and, possible bank account which the Minor would be entitled to as sole beneficiary of the Estate. 7. Petitioner has prepared the Petition for Grant of Letters of Administration D.B.N. which is attached hereto as Exhibit"A"and made a part hereof. 8. Since the Minor is the sole beneficiary under the intestate succession law and the Petitioner is the natural parent of the Minor and legal guardian of the Minors, the Petitioner will administer the Estate in accordance with the laws of the Commonwealth of Pennsylvania and will not take a commission. 9. On March 17, 2015, Counsel for the Petitioner filed an Informal Caveat with the Register. A copy of the Informal Caveat is attached hereto as Exhibit "B" and made a part hereof. 10. Prior to final distribution of the Estate being made to the Minor, the Petitioner will file a Petition to have the funds distributed in accordance with the Pennsylvania Uniform Transfers to Minors Act. WHEREFORE, Petitioner requests that Your Honorable Court declare that Lynnette Molko shall serve as Administrator D.B.N. for the Estate of William P. Molko, Jr. on behalf of the sole beneficiary of the Estate—Anthony W. Molko,minor child of the Decedent. Respectfully submitted, JSDC LAW OFFICES Date: By: EDWARD P. SEEBER,ESQUIRE Attorney I.D. #76084 Suite C-400 555 Gettysburg Pike Mechanicsburg,PA 17055 (717)533-3280 Counsel for Lynnette Molko, guardian and natural parent of Anthony W. Molko,minor child REGISTER OF WILLS OF CUMBERLAND COUNTY,PENNSYLVANIA File No. ESTATE OF WILLIAM P. MOLKO, JR., Deceased INFORMAL CAVEAT This is to request that you grant no Letters Testamentary or Letters of Administration upon the Estate of the above-referenced Decedent,who died at 200 9h Street,New Cumberland Borough, Cumberland County, Pennsylvania on March 8, 2015,without notice of the undersigned. Name of Caveator Address Relationship Lynnette Molko, as parent and natural 5 Edgemont Lane Anthony W. Molko is guardian of Anthony W. Molko, a minor Newmanstown, PA 17073 the minor child of Decedent JSDC LAW OFFICES Date: 7 By: —�-/' tTw--a-r*k Seeber, Esquire Attorney ID No. 76084 Suite C-400 555 Gettysburg Pike Mechanicsburg, PA 17055 717-533-3280 Fax: 717-298-2093 Email: eps@jsdc.com C\13 77111 C� F EXHIBIT Cl LIA U.J CERTIFICATE OF SERVICE I, Edward P. Seeber, Esquire, hereby certify that on this day the said Caveat was mailed by depositing a copy of the same by United States First-Class mail, prepaid to the person set forth below: Wendy J. Ashby, Esquire Ashby Law Offices, LLC Suite 3 246 West Broad Street Quakertown, PA 18951 JSDC LAW OFFICES Date: �� By: -- �— EDWARD P. SEEBER,ESQUIRE Attorney I.D.#76084 Suite C-400 555 Gettysburg Pike Mechanicsburg,PA 17055 (717) 533-3280 Counsel for Lynnette Molko, guardian and natural parent of Anthony W. Molko,minor child �, �, ., 3' �7 � I �� I �r 1 ¢pV A �- 4z' F. � � fid' Y t p