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HomeMy WebLinkAbout04-23-13 rn m n v? C_-, C3 IN RE: ESTATE OF REGISTER OF Wrto " ROBERT F. BATES COURT OF COMMON PLEAS -~ CUMBERLAND C(JUNTY, PENNSYLVANIA NO. 2645 9(P4 5 PETITION TO AUTHORIZE THE REGISTER OF WILLS TO GRANT LETTERS TESTAMENTARY D.B.N. AFTER TWENTY-ONE YEARS FROM DECEDENT'S DEATH PURSUANT TO 20 PA. CONS. STAT. §3152 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of Linda K. Spagnolo respectfully represents that: 1. Robert F. Bates ("Decedent") died on July 14, 1966, a resident of, and domiciled in Lower Allen Township, Cumberland County, Pennsylvania, leaving as the persons entitled to his estate under the intestate laws, his children, and then-wife. 2. The records of the Register of Wills reveal that on or about July 27, 1966, Letters of Administration were granted in file number 2645 to Mary P. Bates, Decedent's widow. 3. Since the date Letters of Administration were issued to Mary P. Bates, the Petitioner has been advised and therefore avers that Mary P. Bates has died. 1 4. On October 20, 1967, an Inventory of the Estate was filed, however, the Inventory was in error as the Inventory listed the Decedent having a one-fourth(1/4th) beneficial interest in the real property known and numbered as 4267 North Sixth Street, Susquehanna Township, Dauphin County, Pennsylvania as an asset of the Estate when, instead, at the time of Decedent's death,he owned and was seised of a one hundred percent(100%) interest in the real estate.' 5. During the administration of Decedent's Estate, the Decedent's widow, Mary P. Bates,renounced any and all rights to the real property known and numbered as 4267 North Sixth Street, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania. 6. Over the past forty-seven(47)years, the property at 4267 North Sixth Street, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania has become vacant and fell into disrepair. 7. In order to not lose the property, Petitioner's former husband, Carmen Spagnolo, began paying all of the taxes, utilities, repairs, and maintenance related to the property in return for such contributions, the Petitioner's former husband is now seeking a deed for the property. 8. Petitioner, Linda K. Spagnolo a/k/a Linda K. Bates, is a party in interest as she is one of two surviving children of the Decedent, Robert F. Bates. 9. Letters of Administration were granted to Mary P. Bates more than twenty-one (21)years ago and forty-seven(47)years have elapsed since the death of Decedent. ' The deed recorded in the Office of the Recorder of Deeds of Dauphin County at Deed Book M, Vol. 44, Page 182 reflects a one hundred percent(100%) ownership interest. 2 10. Letters are necessary because the Estate remains open and incomplete, as Decedent, Robert F. Bates, at the time of his death owned one hundred percent(100%) of the real property known and numbered as 4267 North Sixth Street, Harrisburg, Susquehanna Township, Dauphin County, Pennsylvania, and not a mere one-fourth interest in said property, title to the property still remains in the name of the Decedent; Petitioner seeks to honor the terms of the understanding reached with Carmen Spagnolo; and good and marketable title cannot be conveyed unless the Letters sought are granted. WHEREFORE, Petitioner requests that the Register of Wills of Cumberland County, Pennsylvania, be authorized to grant Letters of Administration d.b.n. upon the Estate of Robert F. Bates, Deceased, to the Petitioner or, in the alternative, to the person entitled thereto. Respectfully submitted, CUNNING RNICOFF, P.C. Dated: By: Jo an 5. unningham, Esquire Attorneys for Petitioner PA I.D.No. 23144 2320 North 2nd Street Harrisburg, PA 17106-0457 Telephone: (717)238-6570 F:1 Home1AHEWITTIDOCS\Q-S\SPAGNOLO,CARMEN 409112TETITION to grant 042313.wpd 3 1� VERIFICATION The undersigned verifies that the statements contained in the foregoing are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. i da K. Spagnolo Dated: