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Megan M. McDonald, Esquire '
ASHBY LAW OFFICES, LLC ra
246 W. Broad Street, Suite 3
Quakertown PA 18951 '—'
(215) 536-7606` ry r Co
Attorney ID: 64079 N Co
IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: THE ESTATE OF ORPHAN'S COURT DIVISION
WILLIAM P. MOLKO, JR.,
DECEASED Docket No. 21-15-0280
PETITIONERS' RESPONSE TO CAVEAT
TO THE HONORABLE LISA M. GRAYSON, REGISTER OF WILLS OF
CUMBERLAND COUNTY:
AND NOW, come Ellen L. Molko and Dawn McGuire, Petitioners,by and through their
attorneys of record, Ashby Law Offices, and respectfully request that Letters of Administration
not be issued to Caveator, Lynette Molko, and in support of this Response, set forth the
following:
1. Ellen L. Molko and Dawn.McGuire, respectively, are mother and sister of William P.
Molko, Jr., "Decedent," and grandmother and aunt of Anthony W. Molko, minor
child of Decedent.
2. On March 8, 2015,Decedent died intestate.
3. On March 20, 2015, Petitioners filed a Petition for Grant of Letters for the Estate. A
true and correct copy of said Petition is attached hereto as Exhibit"A"and made a
part hereof.
4. At the time of his death, Decedent had one minor child, Anthony W. Molko,
hereinafter, "Anthony,"born August 1, 2004.
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5. At the time of his death, Decedent had been divorced from Lynette Molko, Caveator,
and mother of Anthony Molko, for a period of at least two years.
6. Before Decedent's death, Caveator had primary physical custody of Anthony, with
Decedent exercising visitation often.
7. Petitioners saw Anthony often during Decedent's periods of visitation, with Petitioner
Molko seeing Anthony most weekends.
8. After the divorce of Decedent and Caveator,there was little reason for Decedent's
family, including Petitioners, to have any communication with Caveator, as is not
unusual with ex-in-laws.
9. Upon the discovery of Decedent's death, however,there was immediate and constant
communication between Petitioners, Caveator, and Decedent's brother.
10. Petitioners met with Caveator and Anthony at Decedent's house numerous times in
the days immediately following Decedent's demise, and Caveator and Anthony were
informed of and in attendance at all funeral arrangements and activities. In fact,
Petitioners set up a specific time for Anthony and Caveator to view Decedent, as it
was deemed to be in Anthony's best interests to have such an opportunity.
11. During the many meetings and conversations between Caveator and Petitioners in the
days following Decedent's death, Caveator made arrangements for Anthony to visit
and stay with his grandmother, Petitioner Molko.
12. The only level of mistrust evident between the parties is that presented by Caveator in
her Caveat.
13. It is admitted that pursuant to 20 Pa. C.S. §2103(1) the laws of intestate succession
indicate that Anthony is Decedent's sole heir.
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14. Anthony's status as sole heir, however, does not automatically presume that Caveator,
as Anthony's mother, should be the Administratrix of Decedent's estate.
15. It is alleged that pursuant to 20 Pa. C.S. §2507(2) Caveator,by virtue of being
Decedent's divorced spouse, is precluded from acting as Administratrix.
16. 20 Pa. C.S. §2507(2) states as follows:
If the testator is divorced from the bonds of matrimony after
making a will, any provision in the will in favor of or relating to
his spouse so divorced shall thereby become ineffective for all
purposes unless it appears from the will that the provision was
intended to survive the divorce.
17. 20 Pa. C.S. §2507(2) has been interpreted by the Court in Domanyi Estate, 13 Pa.
D&C 3d 482 (1979), as nullifying the pre-divorce testamentary designation of a
subsequently divorced spouse as Executrix. Just so should 20 Pa. C.S. §2507(2)bar
Caveator, the two years divorced spouse of Decedent, from acting as Administratrix,
especially as, in this case, unlike Domanyi, Caveator was never named as Executrix.
18. Decedent made clear to his family that one of the reasons he divorced his wife,
Caveator, was because she was not a responsible conservator of money or
possessions.
19. Petitioners do not believe that Caveator will administer the Estate in the best interests
of Anthony, should she be named Administratrix.
20. Petitioners are qualified to act as Administratrices of the Estate, and are willing to
take on that responsibility and administer the Estate in the best interests of the sole
heir, Anthony. .
21. Petitioner Molko has already acted as Administratrix for the Estate of her mother, and
so is well-versed and qualified in the administration of an estate in Pennsylvania.
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22. Petitioner Molko is also retired and has the time and resources to devote to
administering the Estate of Decedent,being unencumbered by the demands of a job
or a minor child.
23. Pending the decision of this Honorable Register, Petitioners will be filing a Petition
for Distribution of Minor's Funds pursuant to 20 Pa.C.S. § 5103 to place all funds
payable to Anthony into a restricted account or accounts.
WHEREFORE, Petitioners request Your Honorable Register declare that Ellen L. Molko
and Dawn McGuire shall serve as Administratices for the Estate of William P. Molko, Jr.
Respectfully submitted,
ASHBY LAW OFFICES
DATE: BY:
Mega M./M' D�n�1 ;;Esq '`re
Atey I. D. No. 64079
24L Broad Street
Suite 3
Quakertown, PA 18951
(215) 536-7606
Counsel for Ellen L. Molko
and Dawn McGuire
4
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
Name: William P. Molko. Jr. File No:
a/k/a: William Paul Molko. Jr. (Assigned by Register)
a/k/a:
a/k/a:
aik.la: Social Security No:
Date of Death: 318115 Age at death:A6" ".0
Decedent was domiciled at death in Cumberland County, Pennsylvania (.Sratc•)with his/her last
principal residence at 200 9th Street. New Cumberland. PA 17070
Street address,Post Office and Zip Code City.Township or Borough County
Decedent died at 200 9th Street. New Cumberland. PA 17070
Street address,Post OfGcc and Zip Code City,Township or Borough County State
tistimalc of value of ckccdcnl's property at death:
If domiciled in Pennsylvania.. .................... . . ... . .All personal property S 1000
1J•aotdantiviled in Penn.rplvania. ................. . ... .. Personal property in Pennsylvania S
/fnordamic•iled in Pennsylvania. ................... .. . . Personal property in County S
Value of real estate in Penns3•lvania.......... .. . ... ... . . ... . ..... . .. .. . .. ... . ... . . ... . . . . . .. S 10000
TOTAL ESTIMATED VALUE. .. . S 11000
(teal estate in Pennsylvania situated a(: 200 9th Street. New Cumberland. PA 17070
t.l mach additional sheers,iJ nec•es.sart•.1 Street address.Post Offee and Zip Code City,Township or Borough County
A. Petition for Probate and Grant of Letters Testamentary
Peliliouetis)aver(s)he'she:they islare the Executuris)named in the last Will ofthe Decedent,dated and Codicil(s)
thereto dated
State relevant circgmstances fesg.renunciation,dratlr of cxecrrror,ere.) ;' r•7
F xcept as follows: alter the execution ofthe instruments)offered for probate Decedent did not marry,was not divc(rcrd,was noti4rty li)3 pending
divorce proceeding w'hemin the grounds for divorce had been established as defined in 23 Pa.C.S. §3323(g),acid did not IK5 a child hoin or
adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person.
[]NO EXCEPTIONS [3EXCEPTIONS
B. Petition for Grant of Letters of Administration (lfapplicable)durante minoritate
c•.t.a.,d.h.n.,d.h.n.c.1.a..1;wndente lite,duranle absentia,tdrhante mittotritare
If Administration,ca.a. or d.b.n.c.t.a.,enter date of Will in Section A above and complete list of W s. '
Except as follows: Decedent was not a patty 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.
MNO EXCEP'T'IONS [:]EXCEPTIONS
Petltioncri C),after a proper search ha. have iseeriained that Decedent left no Will and was survived by the following spouse(if any)and heirs(aituch
additional sheers,if ttec•e,c,surr):
Name Relationship Address
Anthony William Molko son 5 Edgemont Lane, Newmanstown, PA 17073
Jlorm xn'-rt> rev. !n I 'nl! Page I of 2
A +
Oath of Personal Representative Official ulr OFIly
COMMONWEALTH OF PENNSYLVANIA J
SS:
COUNTY OF Cumberland
Petitioners)Printed Name Pelitioner(s)Printed Address
Ellen Molko 1701 Route 212,Quakertown, PA 18951
Dawn McGuire 1701 Route 212,Quakertown, PA 18951
The Petiticner(s)abcne.-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of the knowledge and belief
of Petirioner(s)anrt that,as Personal Representative(s)of the D rat, tre Pelitiokw
ja well an Truly administer the estate according to law.
S-worn to or ffirmcd Vubs-jib,°dbcfoI)atc 1m€ this play of p�4 Date
By:_ nate
Far J r 777ater Dale
BOND Required:Q V ES ❑NO TO she Register 0j"Wills:
FEES: Please enter my appearance by m% signature below:
Letters. . . . ... . . . . . . . . . . . . . . . $ Attorney Signature:
( 8 l Short C'ertificatc(s). . . . . . �-
( 1 i Renuncialion(O.. . . . .. . .
( )Codicil(s). . . .. . . . . . . . .
i j.Affidasit(s}-- -- -- . . - . - . v
Bond., . . . . . . . . . . . . . . . . . . . Printed Name: ndv J.Ashby. Esquire '
Commission. . . . . . . . . . .. . . .. . . Supreme Court
Other [D Number: 66240
. . . . . Finn Name: Ashby Law Offices, LLC
Address: 246 West Broad §fleet
c ,
. . . . . Quakertown, PA t89
. . . .. Phone 215-536-7606 7L�
Automation Fee- . . . . . . .. .. . . . . Fax: 215-536-7679 - c�
JCS Fee. . . . . . . . . . . . . . . . . . . . . Email: wia.ashbylawAverizon.net
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DECREE OF THE REGISTER
a�
Estate of William P.Molko Jr. File No:
a/k/a: William Paul Molko, Jr.
AND NOW, 12015 in consideration of the foregoing Petition,
satisfactory proof having been presented before me,IT IS DECREED that Letters Administration
are hereby granted to Ellen Molko and Dawn McGuire
in the above estate and(if applicable)that
the instrument(s)dated
described in the Petition be admitted to probate and filed of record as the last Will(and Codicil(s))of Decedent.
Register of Wills
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