HomeMy WebLinkAbout09-20-10 (2)IN RE: ESTATE OF CARL L. OWENS, 1N THE COURT OF COMMON PLEAS
DECEASED OF CUMBERLAND COUNTY, Q
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PETITION FOR THE REVOCATION OF GRANT OF LETTERS OF
ADMINISTRATION AND REQUEST GRANT OF LETTERS TESTAMENTARY
TO THE HONORABLE REGISTER OF WILLS OF CUMBERLAND COUNTY;
AND NOW, comes the Petitioner, Carlita R. Owens, by and through her attorney,
George F. Douglas, III, Esquire, and avers the following in support of this Petition:
1. Petitioner is Carlita R. Owens, an adult individual, residing at 314 Maypole Road,
Upper Darby, Delaware County, Pennsylvania 19082.
2. Petitioner is the daughter of the Decedent, Carl L. Owens.
3. The Decedent, Carl L. Owens, was domiciled at death in Cumberland County with his
principal residence at 218 N. Bedford Street, Carlisle, Cumberland County,
Pennsylvania.
4. Decedent, then age 55 years, died on July 27, 2010.
5. Decedent is survived by his daughters, Carlita R. Owens, Dyan S. Owens and his son,
Joseph P. Owens.
6. On August, 5, 2010, Carlita R. Owens filed a Petition for Probate and Grant of Letters
of Administration. A copy of the Petition is attached as Exhibit "A".
1
7. Carlita R. Owens was appointed the Administrator of the estate.
8. An original Last Will and Testament has been located, a copy of which is attached as
Exhibit "B".
9. Carlita R. Owens, as Administrator of the estate hereby requests that the Register of
Wills revoke the Letters of Administration and issue Letters Testamentary to allow
the original will to be probated. A copy of the Grant of Letters Administration is
attached as Exhibit C.
10. In accordance with Section 3.14 of the Pennsylvania Fiduciary Guide, the Register
may revoke Letters of Administration granted by him or her whenever it appears that
the person to whom they were granted is not entitled thereto.
11. In the original Will of Carl L. Owens, the deceased appoints the law firm of Douglas
& Douglas as the executor of the estate. The said firm of Douglas & Douglas ended
its partnership in approximately November, 1991.
12. The petitioner, Carlita R. Owens, requested that she be appointed the Executrix. Her
two siblings, Dyan S. Owens and Joseph P. Owens have both executed renunciations
which have been recorded with the Register of Wills, Cumberland County,
Pennsylvania.
13. The Last Will and Testament executed by the Decedent, Carl L. Owens, on August
21, 1990, was never revoked.
14. In the Last Will and Testament, the three herein named siblings are named the
residual heirs of the Decedent's estate.
15. The Decedent's estate consists of tangible and intangible property along with real
estate totaling in excess of $100,000.00.
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WHEREFORE, Petitioner respectfully requests that the Letters of Administration be
revoked and that Letters Testamentary be issued as appropriate for Carlita R. Owens.
Respectfully Submitted,
SALZMANN HUGHES, P.C.
George F. Douglas, III, EsgvAre
Supreme Court I.D. #61886
354 Alexander Spring Road, Suite 1
Carlisle, PA 17015
Phone: (717) 249-6333
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VERIFICATION
l verify that the statements made in the foregoing docuanent are true and correct. I
understand that false statements herein are made subject to the penalties oi' 18 Pa. C. S.
§4904, relating to unsworn falsifications to authorities.
Carlita R. Owens, etiti er
Date: p$ ~3 I ' ~ t
v
4
PETITION FOR PROBATE AND GRANT OF LETTERS
REGISTER OF WILLS OF L.l ~ec.~ -I ;a...,~ COUNTY, PEIv"NSYLVANIA
Estate of (Ae~ ~ ~2kV~. ~.,- ~ i,,, z,~S File Number ~~/ l(1 ~ ,~
also known as
,Deceased Social Security Number ~ ~~ ' ~titi - ~~~
PetiCOner(s),'who is/are 18 year ~f age or older, apply(ies) for
(COA~IPLETE 'A' or 'B' BELOl3 :~
^ A. Probate and Grant of Letters Testamentary and aver that Petitioner(s) is /are the named in the
last Will of the Decedent dated and codicil(s) dated
~ ,:~
(State relevant circumstances, e.g.. renunciation, death ojexecutor, etc.)- ~~ `=' _
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Except as follows, Decedent did not marry, was not divorced, and did not have a child bom or adopted after execution oftheUi~Uumettt(s) offered ..
for probate, was not the victim of a killing and was never adjudicated an incapacitated person: ' '-;-; f E~
~_~ t~ -- -
B. Grant of Letters of Administration - •-'
(lfapplicable, enter: c.l.a.; d.b.n.c.t.a.: pendente liter durmue absentia; durtt,ae»~toritate) °~ -
--7 ~ -
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Petitioner(s) after a proper search has /have ascertained that Decedent left no Will and was survived by the following spouse (if any) ~~ heirs: (,;f
.Administration, c. t. a. ord. b. n. c. t. a., enter date of Will in Section A above and complete list oJheirs.)
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Decedent, then~~ years of age, died on ~ oat ~' ~ ia,'~.
Decedent at death owned property with estimated values as follows:
(If domiciled in PA) Al] personal property $~`~'~. ~~lti
(If not domiciled in PA) Personal property in Pennsylvania $ tul,~
(If not domiciled in PA) Personal property in County $ ~Iw
Value of real estate in Pennsylvania $ `SIC: t ~,c:
-r.s,
situated as follows:
Wherefore, Petitioner(s) respectfully request(s) the probate of the last Will and Codicil(s) presented with this Petition and the grant of Letters in the appropriate form to
the undersigned:
nted name and residence
Form RW-U? rev. 10.13.06 Page 1 of 2
EXHIBIT "A" ?~
~~
(COMPLETE IN ALL CASES:) Attach additiot=al streets if tteeessary.
Decedent was domiciled at death in ~~ce~ ~, s`.a ~ County, Pennsylvania with his /her last principal residence at ~~~ tV ,
(List street address. [own/city, township, county, stale, zip code)
Oath of Personal Representative
CONINIONWEALTH OF PENNSYLVANIA
SS
COUNTY OF ,~.4~~a~3~~'~,.~
The Petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing Petition are true and con-ect 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
bef re me the ~ day of
CGLu ~~/
Signnture ojPersonn!
Signnture ojPersonn/ Repr•esentntive
~ or the Register Signature ojPersaml Representative C`~7
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File Number: ~ ~ ~<~' ~ ~ / d _ '~ ~ ;_
Estate of CA r~ .~...~+-~~oa r~ . ~ l w ~ , Deceased ~ ,^ _
Social Security Number: ~'1~ ° e.t y - 'Q la`i~ Date of Death~~-~~ ~ i a i°~
Lo.~
AND NOW, .I 't` ~ ~ ~/ ~ , in consideration of the foregoing Petition, satisfactory proof
,,
having been presented before me, IT D C E that Letters ~,L~til.Iit~tdd,~.d..~%~i2
are hereby granted to t r,CL2,F~_ (G __
in the above estate
and that the instrument(s) dated _
described iu the Petition be admitted to probate and 51ed of record as the last Will
FEES
Letters $ ~~' `''~
ShortCertificate(s) ........ $ .~~''`'
Re~~nciation(s) .......... $ f~:r'~`
... $
... $
... $
... $
... $
... $
... $
TOTAL .............. $~
Telephone:
Attorney Signature:
Attorney Name:
Supreme Court I.D. No.:
Address:
Form RW-0_' rev. iv. i3.o~ Page 2 of 2
(and Codicil(s)1 of Decedent.
08f11/2010 14:03 FAk 2156620609 44RIGHT_FIVE r~aa2foo~
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FAST WYLL AND TESTAMENT
I, Carl L. Owens, of the Borough of Carlisle, Cumberland County,
Pennsylvania, being of sound and disposing mind, mem~axy, and
understanding, do make and declare this as and for my last will and
testament, hereby revoking any wills by me at any time heretofore made.
1. I direst that my executor pay my debts and mineral expenses.
2. I devise and bequeath all my property. real and personal, to
the Farmers Trust G[~ipany of Carlisle, Pennsylvania, in trust
nevertheless for mY three children: Carlita Renee Owens, Ryan Shanita
Owens, and Joseph Patrick Owens.
3, Dwcing the pendency of the trust, the trustee may invest as the
trustee sees fit, and the shares to my children need not be equal.
4. The trust will continue until my youngest living child reaches
age 18, at which time the balance of the trust will then be divided into
thz~ee equal parts for my aforesaid children. In the event that any of
my children are deceased at the time, that child's share will go to its
issue, if any, and any child dies without issue, then that child's share
will be divided aatxmg try other children.
5. It is my desire that my children's mother, Ftenita D. Owens,
have custody of my children in the event of my death, but I want the
money to be handled by the aforesaid trustee for the befit of my
children,
6. I ncsninate, constitute, and appoint the firm of Douglas and
Douglas as my Executors.
IN WzTNE3S Wf~I~OE', I have hereunto set my hand and seal
this the :~ /A.~~ day of G~.ct~~cat ,199 Q . ~ ~ rte)
Car .Owens
Signed, sealed, published and declared by the above named testa-
tor as and for his last wil]. arld teats¢uent, who at his request,
in his presence, izl our prESence, and in the presence of each
other, have hereunto subscribed our natt-ee as attesting witnesses:
EXHIBIT "B"
08!11/2010 14:03 FAX 2136620608 14RIGHT_FIUE ~ 003/004
COMMONWEALTH OF PENNSY~,VANIA )
COUNTY OF CUMaERLAND )
We, ~ and r L
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 Iasi will, and that he signed wil~.ingly and
that he executed it as his fxee and voluntary act for the pur-
poses ther~a~.n contained; 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.
;~,~.
Sworn to and subscribed before
me this ~f day of ,~~-lc~i.,[,d.-~ ,
1,990 ~'
Np~tary
~ ~~~ ~ ~ ~ ~
arlt~M Tara •~ car
Cblhfnfaalori J 141888
08/11/2010 14:03 FP. }( 2156620609 wRIGHT_FIVE x']004/004
COMMONWEALTH OF PENNSYLVANIA)
COUNTY (}F CUMBERLAND )
I, Carl L. Owens, whose name is signed to the attached or
foregoing instrument, having been duly qualified according to
law, do hereby ac]cnawledge that I signed and executed the .instru-
ment as my last wills that Y signed it willingly; and that T
signed it as my free and voluntary act for the purposes therein
expressed.
~~
Garl L. Owens
Sworn to and subscribed to
befart~ me this ~ ~' day
of - _ ,1990.
1
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Notary ~p~ptAL.BEAL
AlM1i! M. (fit, Iic~Y P~fb
. - 1 1A~
REGISTER OF WILLS
CUMBERLAND COUNTY
PENNSYLVANIA
CERTIFICATE OF
GRANT OF LETTERS
ADMINISTRATION
No . 2010- 00798 PA No . 21- 10- 0798
Estate Of: CARL LATHAIRE OWENS
(First, Middle, Lastl
Late Of : CARLISLE BOROUGH
CUMBERLAND COUNTY
Deceased
Social Securi ty No: 198-44-8698
WHEREAS, CARL LATHAIRE OWENS
/First, Middle, Lastl
late of CARLISLE BOROUGH CUMBERLAND COUNTY
died on the 27th day of July 2010 and,
WHEREAS, the grant of Letters of Administration
is required for the administration of the estate.
THEREFORE, I, GLENDA EARNER STRASBAUGH Register of Wi I1 s in and
for CUMBERLAND County, in the Commonwealth of Pennsylvania, have
this day granted Letters of Administration to:
CARL I TA R O WENS
who has duly qualified as ADMINISTRATOR(RIX) of the estate
of the above named decedent and has agreed to administer the estate
according to law, all of which fully appears of record in my office at
CUMBERLAND COUNTY COURT HOUSE, CARLISLE, PENNSYL VANIA.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal
of my office on the 5th day of August 2010.
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egister of is
~-
Deputy
_ EXHIBIT "C"
**NOTE** ALL NAMES ABOVE APPEAR (FIRST, MIDDLE, LAST)