HomeMy WebLinkAbout09-05-07
F \FILES\Cliems\ 12024\ 12024.1, petition3
Revised. 9/5/07 8: 19AM
IN RE: ESTATE OF
COLLEEN M. NICHOLSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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ORPHAN'S COURT DIVISIO~J
NO. 2005 - 729
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PETITION TO MAKE RULE ABSOLUTE
AND NOW, comes Petitioner JAMES C. NICHOLSON, by and through his attorneys
MAR TSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and respectfully represents
as follows:
1. The Petitioner, James C. Nicholson (hereinafter "Petitioner"), is an adult individual
with an address of 91 Smith Road, York Springs, Adams County, Pennsylvania 17372.
2. The Respondent, USAA Life Insurance Company (hereinafter "Respondent Insurance
Company"), is a corporation which does business in Pennsylvania and has an address of 9800
Fredericksburg Road, San Antonio, Bexar County, Texas 78288.
3. Respondents, Amanda 1. Nicholson and Jessica M. Nicholson, are adult individuals
residing at 154B West Penn Street, Carlisle, Pennsylvania 17013
4. Colleen M. Nicholson is an individual who died on August 5, 2005.
5. On July 30, 2007, Petitioner filed a Petition Pursuant to 20 PA. C.S.A. 96111.2
requesting this Court declare that the beneficiary designation made by Colleen M. Nicholson
survived her divorce with Petitioner.
6. On July 31,2007, this Court issued a Rule to Show Cause affording 20 days to file
a response. See Order of Court dated July 31,2007 and attached hereto as Exhibit "A."
7. On or about July 31, 2007, the Court forwarded the Order to the Respondents by first
class mail.
8. To date, all Respondents have not filed a response with the Court and the letters have
not been returned to Petitioner.
\VHEREFORE, Petitioner, James C. Nicholson, requests this Court enter an order declaring
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that the beneficiary designation made by Colleen M. Nicholson survive her divorce with Petitioner
and that Petitioner be declared the sole beneficiary of the Policy as requested in the Petition.
Respectfully Submitted,
MARTSON LAW OFFICES
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By
Christopher E. Rice, Esquire
Attorney I.D. No. 90916
10 East High Street
Carlisle, P A 17013
(717) 243-3341
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Date: I - " - 0 )
Attorneys for Petitioner
VERIFICA nON
Christopher E. Rice, Esquire, of the firm of MARTS ON DEARDORFF WILLIAMS OTTO
GILROY & FALLER, attorneys for James Nicholson in the above Petition, certifies that the
statements made in the foregoing Petition Pursuant to 20 Pa.C.S.A. g6111.2 are true and correct to
the best of his knowledge, information and belief. He understands that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
C;2.4,.L ? rL
Christopher E. Rice
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Petition was served this date by depositing same in the
Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows:
Amanda J. Nicholson
154B West Penn Street
Carlisle, PAl 7013
Jessica M. Nicholson
154B West Penn Street
Carlisle, P A 17013
USAA Life Insurance
Attn: Karen Brosch, FLMI
USAA Policy Number 1569690-Ul
9800 Fredericksburg Road
San Antonio, TX 78288
MARTSON LAW OFFICES
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By
Ma . Price
Ten E st High Street
Carlisle, P A 17013
(717) 243-3341
Dated:
9/ 5-/0/
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