HomeMy WebLinkAbout04-07-08IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
Estate of Chad Michael Derr, late of
Shiremanstown Borough, deceased
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No. 2Q06-024th
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PETITION FOR SUBSTITUTION OF EXECUTOR ~~'
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The Petition of Laura D. Richards and Philip C. Richards, pursuant to 20 Pa.C.S.A. § 3182
respectfully represents:
Decedent, Chad Michael Derr, died intestate on March 5, 2006, aged 35, a resident of
Shiremanstown Borough, Cumberland County, Pennsylvania. Decedent had no spouse and
no chil~en and is survived by his parents, James D. Derr and Sylvia B. Derr, as next of kin.
2. Petitioners are the appointed Executors of the aforementioned estate. Letters of
Administration were granted to Petitioners by the Register of Wills of Cumberland County
on March 17, 2006.
3. At the request of the James D. Derr, Father, the Estate filed a wrongful death claim against
Defendants attending Decedent at the time of his death. The suit is styled Philip C. Richards
and Laura D. Richards, Co-Administrators of the Estate of Chad M. Derr, deceased v. Holy
Spirit Health system, et.al. No. 08-1460 Civil Term. The estate will be represented in the
wrongful death action by Peter M. Villari, Esq. and Nicole T. Matteo, Esq.
4. The Petitioners are patients of one or more of the named Defendants in the aforementioned
suit; and as a result, Petitioners feel a conflict of interest in pursuing the action, and want
to be removed as Executors of the Estate. James D. Derr, decedent's father, is an heir of the
estate and is eligible to serve as Executor had he not renounced in favor of the current
Executors.
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5. Sylvia B. Derr, Mother of the deceased, who is also an heir and entitled to Letters of
Administration, joins in the foregoing Petition.
6. Petitioners ask the court to remove them from the positions as Executors of the Estate and
to substitute the Father, James D. Derr as Executor of the Estate of Chad Michael Derr.
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7. Petitioners aver that their continuing in office as Executors would jeopardize the interests
of the Estate under 20 Pa.C.S.A. § 3182.
WHEREFORE, Petitioners respectfully request that they be removed as Executors and that
James D. Derr be substituted as Executor in their place.
MALONE & NEUBAUM
By:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
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Victor A. Neubaum, Esq.
42 South Duke Street
York, PA 17401
(717) 843-8001
S.I.D. 29159
Attorney for Petitioners
Laura D. Richards and Philip C. Richards, being duly sworn according to law depose and
say that the facts set forth in the forgoing petition are true and correct to the best of their knowledge,
info ation and beyyl~~ief and that all adult parties in interest have consent to this Petition.
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Laura D. Richards, Petitioner
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Philip .Richards, Petitioner
Sworn and subscribed before me this ~Tt{ day of Apri120013
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENlYSYLVANIA
ORPHAN'S COURT DIVISION
Estate of Chad Michael Derr, late of No. 2006-0240
Shiremanstown Borough, deceased
CONSENT TO PETITION
I, James D. Derr, Father of the deceased, join in the forgoing PETITION FOR
SUBSTITUTION OF EXECUTOR filed by Laura D. Richards, and Philip C. Richards, and
consent to serve as Executor of the Estate of Chad Michael Derr, in their place.
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James D. Den
Sworn and subscribed before me this
f~( day of Apri12008.
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Notary Publiis ~~
My commission expires:
COMMONWEALi'hi OF PEi+lNSYLVANIA
Notarial Seal
Marion F. Graham, Notary Public
Middletown Boro, ®auphin County
My Commission Expires Apr. t $, 2009
Member, Pann,~4v;an~.1 ~,._....,~~v,+i,~~ ;,; Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
Estate of Chad Michael Derr, late of No. 2006-0240
Shiremanstown Borough, deceased
CONSENT TO PETITION
I, Sylvia B. Derr, Mother of the deceased, join in the forgoing PETITION FOR
SUBSTITUTION OF EXECUTOR filed of Laura D. Richards, and Philip C. Richards,
Administrators of the Estate of Chad Michael Derr.
S~ Derr
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Sworn and subscribed before me this ~~ day of Apri12008.
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Notary Public .' l
My commission expires:
COMMUN~iVBALI'r~ r~r~yLVAiV1A
Notarial Seal
Marion F. Graham, Notary Fubiio
Middletown Borc, Dauphin County
My Commission Expires ~3~: i P, 2009
Member, per.rts~;!v , ~ ~'" "~ ---'
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