HomeMy WebLinkAbout11-20-13 F'.VILESThents\14510 Richardson Estat614510.1.petition.ccabandoment"d
IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENLSYLVAl6 m
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Estate of Sheritta A. Richardson, NO. 21-11-1350 m = c, "' b
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PETITION TO DECLARE SPOUSE WITHOUT AN INTEREST UNDER PaQS. A 6 2ff '—
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Petitioner, Amy N. Richardson, respectfully represents the following:
1. Sheritta A.Richardson("the Decedent")died intestate on August 25,2011,survived
by her daughters, Amy N. Richardson ("Petitioner") and Erica Richardson, and spouse, Carl
Richardson.
2. Decedent's daughter,Erica Richardson,renounced herright to serve as Administratrix
on December 11, 2012. See attached Exhibit"A".
3. An Affidavit stating that the Decedent's husband had abandoned his family
approximately forty years prior to Decedent's death was filed on January 6, 2012. See attached
Exhibit`B".
4. A Petition for Grant of Letters was filed on January 6, 2012, and Letters of
Administration were issued on January 6, 2012, appointing Petitioner as Administratrix of
Decedent's Estate. See attached Exhibit"C".
5. A second Affidavit stating that"I was born on December 6, 1980, and to the best of
my recollection,Carl Richardson,spouse of the Decedent and father to myself and Erica Richardson,
abandoned his family in 1987 or 1988", was filed by Petitioner, on January 9, 2012, to clarify the
Affidavit filed on January 6, 1012. See attached Exhibit "D".
6. The only asset of the Estate was real property located at 121 Partridge Circle,Carlisle,
Pennsylvania
7. An address for Carl Richardson of 625 South 3`d Street, Harrisburg, Pennsylvania
17104-2712, was located by a third party as a result of a Mortgage Foreclosure action initiated by
Wells Fargo Bank, N.A.
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8. Petitioner paid reinstatement fees to Wells Fargo Bank,N.A.from personal funds and
the Foreclosure action was terminated.
9. Petitioner has continued to make monthly mortgage payments and all expenses
relating to the real estate from her personal funds.
10. Petitioner desires to purchase Decedent's real estate from the Estate, and the lender
and title insurance company are requiring verification that Carl Richardson has no interest in
Decedent's Estate.
11. under Pa•CSA § 2106,a spouse who,for one year or upwards previous to the death
of the other spouse, has willfully neglected or refused to perform the duty to support the other
spouse,or who for one year or upwards has willfully and maliciously deserted the other spouse,shall
have no right or interest under this chapter in the real or personal estate of the other spouse.
I2. Carl Richardson has been absent from the life of the Decedent and her two daughters
for a period in excess of twenty (20)years and prior to the date of death of the Decedent.
13. WHEREFORE,Petitioner is requesting that this Court declare that Carl Richardson
is a party without an interest in the Estate of the Decedent and his rights in the Estate of the Decedent
be declared terminated forever.
MARTSON LAW OFFICES
Christopher E. Rice,Esquire
I.D. No. 90916
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for the Estate of Sheritta A. Richardson
Date: