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HomeMy WebLinkAbout04-19-11IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~3JANIA ~=` ESTATE OF DONALD L. ~ ~ .~ CARTER, SR., A/K/A ORPHAN'S COURT DIVISION :~7~ DONALD CARTER OR ~ ~ m ~' D. L. CARTER NO. 21-10-0337 ~~;~ to C7 C:.~ ~ ~ --» 0 ~ :;'sr PETITION TO AMEND THE CERTIFICATE OF GRANT OF LET R$ ` TO ADD AN "ALSO KNOWN AS" NAME OF DECEDENT AND NOW, COMES Diane M. Freedman, Executrix of the Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D. L. Carter, by and through her attorney, Jennifer B. Hipp, Esquire, and files this Petition to Amend the Certificate of Grant of Letters to Add an "Also Known as" Name of Decedent, and sets forth as follows: 1. On April 1, 2010, Executrix Freedman filed her Petition for Probate and Grant of Letters with the Register of Wills of Cumberland County, Pennsylvania. 2. The Petition for Probate and Grant of Letters listed the name of the estate as "Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D. L. Carter". 3. Decedent Carter was commonly known by his nickname of "Duke" Carter. 4. Executrix Freedman is attaching the original obituary ~~ _~ ; ?, -, _r~ ,,~,, ~ r-, - ;""~ =...~...3 _..~ ..__ [T c~ p as appeared in The Patriot News on March 12, 2010 and a newspaper article regarding Decedent that appeared in The Patriot News on March 13, 2010 that refers to Decedent by his nickname of "Duke" Carter. 5. On or about April 11, 2011, Executrix Freedman discovered numerous vehicle titles showing that Decedent was the owner of the vehicles by listing his name as "Duke Carter". 6. Executrix Freedman is unable to transfer title of the vehicles pursuant to the directives of the Last Will and Testament of Decedent given that the Grant of Letters did not include an "Also Known As" name of "Duke Carter". Wherefore, Diane M. Freedman, Executrix, respectfully requests that this Honorable Court direct that the Cumberland County Register of Wills issue an Amended Certificate of Grant of Letters that notes the Decedent's name as "Donald L. Carter, Sr., a/k/a Donald Carter or D. L. Carter or Duke Carter" be issued. Date: April '~6 ,2011 Jennife ~B. Hipp, Esquire Supreme Court I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 Telephone: (717) 737-8761 Attorney for Diane M. Freedman, Executrix Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D.L. Carter VERIFICATION I verify that the statements made in this Petition to Amend the Certificate of Grant of Letters to Add an "Also Known As" Name of Decedent are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18. Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: April 1~ 2011 Diane M. Freedman, Executrix Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D. L. Carter CERTIFICATE OF SERVICE I hereby certify that I am on this date serving a copy of the Petition to Amend the Certificate of Grant of Letters to Add an "Also Known As" Name of Decedent as filed this date with the Orphans' Court Division of Cumberland County, by sending the same upon the persons and in the manner indicated below: Service by first-class mail addressed as follows: Marian Carter 704 Hilltop Drive New Cumberland, PA 17070 Diane M. Freedman 700 Drexel Hills Boulevard New Cumberland, PA 17070 Donald L. Carter, Jr. 10 Drexel Hills Circle New Cumberland, PA 17070 Gregory D. Carter 1006 Hummel Avenue Lemoyne, PA 17043 Christopher Freedman 16 Drexel Place New Cumberland, PA 17070 Jennifer Cheyne 3261 Wendlyn Way Edgewater, MD 21037-1632 Alexander Cheyne c/o Jennifer Cheyne 3261 Wendlyn Way Edgewater, MD 21037-1632 Erick Carter 10 Drexel Hills Circle New Cumberland, PA 17070 Jared Carter 10 Drexel Hills Circle New Cumberland, PA 17070 auren Carter 10 Drexel Hills Circle New Cumberland, PA 17070 Danielle Blevens 1921 Debbie Drive York, PA 17403 Brandyn Blevens c/o Danielle Blevens 1921 Debbie Drive York, PA 17403 Adrianna Blevens c/o Danielle Blevens 1921 Debbie Drive York, PA 17403 Glenn Carter 307 Mountain Road Lewisberry, PA 17339 Nicholas Carter 307 Mountain Road Lewisberry, PA 17339 April~~ 2011 By: o I ~'7 Jennifer B. Hipp, Esquire Supreme ourt I.D. No. 86556 One West Main Street Shiremanstown, PA 17011 Telephone: (717) 737-8761 Attorney for Diane M. Freedman, Executrix Estate of Donald L. Carter, Sr., a/k/a Donald Carter or D.L. Carter Donald Lee "Duke" Carter., Sr. R Donald Lee "Duke" Carter, Sr., 80, of New Cumberland, passed away peacefully on March 10, 2010. Born June 18, 1929 in Columbia, and for- merly of Williamstown, he was the son of the late Glenn D. and Blanche M. Carter of Lemoyne. He is survived by his wife of 62 years Marian Eleanor Carter; three chid dren, Diane Carter Free& man and husband Thomas of New Cumberland with chit dren Christopher Freedman and Jennifer Cheyne and husband Matthew of Edgewater, MD; Donald Lee Carter, Jr and wife Rebecca of New Cumberland, with children Danielle Blevins and husband Douglas of York, and Lauren, Erick and Jared Carter; and son, Grego ry David Carter and wife Shari of Lewisberry with children Glenn and Nicklaus Carter. He also had three great grandchildren, Alexander Cheyne of Edgewater, MD and Brandyn and Adriana "Lollipop" Blevins of York. His sister, Constance C. Grenoble and her husband Ronald of Har- risburg also survive him. He is a 1947 graduate of Camp Hill High School. Duke served in the US Ma rine Corps and following hi.s enlistment joined the Le moyne Police Department as a Patrolman. He owned sev eral local businesses over the years, including the West Shore Radiator Works in Le moyne, House of Ice Cream in Lemoyne and Carter's Sil ver Spring Flea Market in Mechanicsburg. Duke is per- haps best known for his work as Restaurateur and concea sionaire, founding Duke's Bar and Grille of Hershey and Wormleysburg, and op erating Carter's Concessions at the Carlisle Fairgrounds for Carlisle Productions events and auto shows for over 35 years. Active in the local coat munity, Duke was a member of the Fraternal Order of Pa lice, Lowther Manor Lodge 781, American Legion Post 8, and the Loyal Order of the Moose Chapter 1019. He was the founding member and President of the West Shore Think Tank. Funeral services will be held at 11:00 am, Tuesday, March 16, 2010 at Trinity Evangelical Luthern Church, 2000 Chestnut Street, Camp Hill. Burial will be in Rolling Green Memorial Park. Viev~ ing will be held from 9:00 am -11:00 am Tuesday at the church. Myers-Hamer Funeral Home, Camp Hill is in charge of the arrangements. Contributions maybe made to the Ronald McDonald House, 745 West Governor Road, Hershey, Pa 17033.7 .t-'l ~~ a~rner Camp Hili, PA www.pennlive.com/obits 3~r~z )10 REMEMBERING: Donald Lee `Duke' Carter Sr. ~ 1929-2010 ~ I r 3 >l ~ Courage, hard work were his business Family and friends say the entrepreneur had a big heart BY SUE GLEITER ~ sgleiter@patriot-news.com estaurateur Donald Lee "Duke" Carter Sr., a jack- Rof-all_trades with a thirst for starting businesses, died Wednesday at age 80. With his family, he owned Dukes Riverside Bar & Grille in Wormleysburg and Dukes Bar & Grille in Derry Twp. and operated Carter's Concessions at the Carlisle Fairgrounds for Carlisle Events' car shows. Up until the final days of Carter's life, he remained hands-on, his. son Don Carter. Jr. said. "My dad worked hard: He worked long and hard. He ` was getting worn out. His back hurt and his legs ~~ 0 .; Z 0 d PLEASE SEE CARTER ON PAGE AS THE PATRIOT-NEWS The restaurants that Donald Carter owned include Dukes Riverside Bar & Grille in Wormleysburg. In 1973, Carter bought the Silver Springs Flea Mar- ket in Silver Spring Twp. without knowing a fact about the property or hav- ing toured the building on the grounds, Dan Carter Jx. said. The flea market was sold to developers in 2006 to make way for the Silver Spring Square shopping center. "He was aself--made busi- nessperson who worked extra hard. He was very personable and really took care of his customers and made sure they got a real value for their money," said Bill Miller, the founder of Carlisle Events. "That is what- has. made them suc- cessful here and at their restaurants For 35 years, Don Carter Sr. aiid his family have fed legions of visitors. at Carter's Concessions at the Carlisle. Fairgrounds. After a caterer canceled three days before the 1975 car show season, Miller approached Carter about taking the job. "He rescued us absolutely on the spot and said, 'We don't know what we are getting into, but we are going to be there to help put the food concessions together,' "Miller said. Today, Carter's Conces- sions is the biggest food op- eration on the fairgrounds, he said. Richard E. Phelan, founder of the Gingerbread Man restaurant chain, met Carter at the fairgrounds in the late I97Us. He said they butted heads in the begin- ning but grew to become friends and eventually business partners. Together they opened the Ginger- bread Man in Wormleys- burg and Rod's Road House Tavern in Carlisle. "Duke had many sayings. The one I always remember is `I'm no better than you and you're no better than me,' That was his say- ing, and he lived by that," Phelan said. All of Donald Carter Sr.'s children -Don Carter Jr., Diane Carter Freedman and Greg Carter -have followed in theiF father's footsteps as entrepre- neurs. Freedman and Greg Carter oversee the conces- sions while Don Carter Jr., operates the restaurants, including Rock Bass Grill and Dockside Willies in Wormleysburg. "He was amillion-dollar consultant I got for free," Don Carter Jr. said. "You know, no matter what hap- pened in the day I could go to him and get an opinion that made sense and you knew that was fair." CARTER Continued from Page A3 hurt, but you know what? He came out every day. He was out making sure every- thing was A-OK and if there was anything he could do to help," he said. Known for his honesty, good humor and big heart, Donald Carter Sr. was will- ing to take business risks and work hard to make them successful. He often dressed casually in sus- penders and always wore a hat, a habit he had picked up while in the U.S. Ma- rines Corp. Carter grew up in Wil- liamstown and moved to the midstate in his senior year; he graduated from Camp Hill High School in 1947. He served in the Ma- rines and was a patrolman with the Lemoyne police. He owned several busi- nesses, including the West Shore Radiator Works and the House of Ice Cream, both in Lemoyne. At Radia- tor Works, he and a busi- ness partner invented a ma- chine to remove Scotchlite letters from old aluminum state signs that could then be recycled. Donald Carter Sr. was a member of the Fraternal Order of Police, Lowther Manor Lodge 781, American Legion Post 8 and the Loyal Order of the Moose Chapter 1019. He was the founding member and president of the West Shore Think Tank. Funeral services will be held 11 a.m. Tuesday at Trinity Evangelical Lu- theran Church in Camp Hill. Burial will take place in Rolling Green Memorial Park in Camp Hill. A view- ing will be held from 9 to 11 a.m. Tuesday at the church.