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HomeMy WebLinkAbout05-06-14 In re Estate of Frank E. Byers, : IN THE COURT OF COMMON PLEAS deceased : CUMBERLAND COUNTY, PENNSYLVANIA BEFORE THE REGISTER OF WILLS : NO. a � — I `'I PETITION FOR CITATION AND NOW COMES Petitioner, Sylvia A. Waters, an intestate heir of Frank E. Byers, deceased, by and through her attorney, James D. Cameron, and respectfully represents as follows: 1. Frank E. Byers (hereinafter"Decedent") died May 12, 2000. An original death certificate is attached hereto, identified as "Exhibit A". 2. At the time of his death, Decedent was domiciled in Cumberland County, Pennsylvania, with his last principal residence at 336 B Street, Carlisle Pennsylvania, where he died. 3. Decedent was survived by his wife, Sara G. Byers, and five children-- Sylvia A. Waters, Maxine B. Patterson, Charmaine N. Felton, Mom L. Harper, Candace J. Parker (now Candace J. Hodge). A child, Linda K. Boswell, was deceased. 4. Decedent left a Last Will and Testament dated August 18, 1983 ("the Will"). The original Will is being submitted to the Register of Wills,herewith. 5. The Will was not probated previously, and no probate estate has been created for Decedent. CD _ .2: :K O r.� =3 C) �. ` n 3 N Cn , 6. Decedent's wife, Sara G. Byers, is the residual beneficiary under the Will. Sara G. Byers died January 15, 2014. Her original death certificate is attached hereto, identified as "Exhibit B". Consequently, her probate estate is the residual beneficiary under the Will. 7. On January 28, 2014, Letters Testamentary on the Estate of Sara G. Byers were granted by the Register of Wills of Cumberland County to Sylvia A. Waters, in the matter docketed as number 21-14-0089. 8. Sylvia A. Waters, Executrix of the Estate of Sara G. Byers, entered into a contract for the sale of the real estate situate at 336 B Street, Carlisle, Pennsylvania ("the real estate"). 9. During the course of the title work related to the sale of the real estate, it was determined that the property known as 336 B Street sits on two parcels of land. One of these parcels is titled in the name of Frank E. Byers and Sara G. Byers, tenants by the entirety. The other parcel is (erroneously)titled in the name of Frank E. Byers, alone. 10. It is necessary to probate the estate of Frank E. Byers, in order to complete the sale of the real estate by the Estate of Sara G. Byers. 11. Decedent's Will appoints Sara G. Byers as Executrix. It further appoints Petitioner's son, Paul E. Waters, Jr., as successor Executor. 12. Paul E. Waters, Jr., has refused to cooperate, either by offering the Decedent's Will for probate and seeking his appointment as Executor or by signing a Renunciation and allowing another to be appointed as Administratrix, C.T.A. 2 13. Therefore, Petitioner seeks her appointment as Administratrix, C.T.A., of the Estate of Frank E. Byers, pursuant to 20 Pa.C.S. §3155(b)(3). 14. Petitioner believes the now-living intestate heirs of Frank E. Byers are: a. Petitioner, Sylvia A. Waters (daughter),101 Sylvan Ridge Road, Oberlin, PA 17113 b. Maxine B. Patterson (daughter), 345 B Street, Carlisle, PA 17013 c. Charmaine N. Felton(daughter), 349 B Street, Carlisle, PA 17013 d. Candace J. Hodge (daughter), 351 B Street, Carlisle, PA 17013 e. Moni L. Harper (daughter), 506 Cherry Street, Carlisle, PA 17013 f. Shanell Budd (child of Linda Boswell), 636 Hamilton Street, Harrisburg, PA 17102 g. Heather Charles (child of Linda Boswell),109 Minick Drive, Newberg, PA 17240 15. Petitioner believes the Estate consists of the tract of land comprising part of 336 B Street, and little or no personal property. 16. Petitioner believes her appointment as Administratrix, C.T.A., of the Estate of Frank E. Byers will facilitate the sale of the real estate located at 336 B Street, as well as the final settlement of the Estates of both Frank E. Byers and Sara G. Byers. 17. Petitioner will request that the other intestate heirs execute Renunciations in favor of her appointment as Administratrix, C.T.A. However, given time-sensitive nature of the settlement of the sale of the real estate, she is filing the within Petition 3 without having first obtained such Renunciations in order to begin the time period for the return of the Citation, as expeditiously as possible. WHEREFORE, Petitioner respectfully requests the Register to issue a Rule to Show Cause, directed to Paul E. Waters, Jr., the successor executor named in Decedent's Will; Maxine B. Patterson, intestate heir; Charmaine N. Felton, intestate heir; Cadace J. Hodge, intestate heir; Moni L. Harper, intestate heir; Shanell Budd, intestate heir; and Heather Charles, intestate heir; to show what cause, if any, they may have that Letters of Administration, C.T.A., should not be issued to Sylvia A. Waters, pursuant to 20 Pa.C.S. §3155(b)(3). Respectfully Submitted, f� J es DI Camero A y I.D. No. 58998 1325 North Front Street Harrisburg, PA 17102 (717) 236-3755 Attorney for Petitioner, Sylvia A. Waters 4 VERIFICATION The undersigned verifies that the averments in the foregoing Petition for Rule to Show Cause are true and correct to the best of her knowledge, information, and belief. This verification is made subject to the penalties relating to unsworn falsification to authorities at 18 Pa.C.S. Section 4904. "A. d '4�6�tr" YL A A. WATERS CERTIFICATE OF SERVICE I, JAMES D. CAMERON, Attorney for Petitioner, Sylvia A. Waters, hereby certify that I have served a true and correct copy of the foregoing Petition for Citation by first class mail, postage pre-paid, this 6`h day of May, 2014, addressed as follows: Paul E. Waters, Jr. 1447 Barnhardt Lane Rahway,NJ 07065 Maxine B. Patterson 345 B Street Carlisle, PA 17013 Charmaine N. Felton 349 B Street Carlisle, PA 17013 Candace J. Hodge 351 B Street Carlisle, PA 17013 Moni L. Harper 506 Cherry Street Carlisle,PA 17013 Shanell Budd 636 Hamilton Street Harrisburg, PA 17102 Heather Charles 109 Minick Drive Newberg, PA 17240 4pyameron D. No. 589 98 1325 North Front Street Harrisburg, PA 17102 (717) 236-3755 Attorney for Petitioner, Sylvia A. Waters H105.905 REV.(8111)