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HomeMy WebLinkAbout10-10-08IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION Estate of Chad Michael Derr, late of No. 21-06-0240 Shiremanstown Borough, deceased PETITION FOR APPOINTMENT OF ADMINISTRATORS, D.B.N. The Petition of Laura D. Richards and Philip C. Richards, pursuant. to 20 Pa.C.S.A. § 3159 respectfully represents: 1. 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 children and was survived by his parents, James D. Den and Sylvia B. Derr, as next of kin. 2. Petitioners were previously the appointed Administrators 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. Den, 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 Sprrit Health system, et. al. No. 08-1460 Civil Term. The estate is tivill be represented in the wrongful death action by Peter M. Villari, Esq. and Nicole T. Matteo, Esq. 4. At the time of the filing of the legal action, Petitioners asked to be removed as Administrators of the Estate and on April 11, 2008, James D. Derr, decedent's father, and an heir of the estate and eligible to serve as Administrator had he not renounced in favor of Petitioners was appointed Administrator and Letters of Administration were granted to James D. Derr. 5. On September 8, 2008, James D. Den, passed away. As a result, there is a vacancy in the office of the Administrator, 6. Petitioners ask the court to reappoint them to the position of Administrators of the Estate, of c Chad Michael Den. ~ _ _ `_, ~=~' -,~~ t.~ t _~ _~ . __~ --__ -1- - ~ Vi'.5. ~ 1 ~~ .. _.~~ .~ ~, .. . 7. Sylvia B. Derr is the Mother of the deceased and the heir of the Estate, who would be entitled to Letters of Administration, joins in the foregoing Petition. Sylvia B. Den, previously renounced in favor of Petitioners and does so again by joining in this Petition. 8. The Estate requires the appointment of Administrators to maintain the legal action now pending. WHEREFORE, Petitioners respectfully request that they be reappointed as Administrators of the Estate of Chad M. Derr. By: COMMONWEALTH OF PENNSYLVANIA COUNTY OF MALONE & NEUBAUM v..a ~J ~- Victor A. Neubaum, Esq. 42 South Duke Street York, PA 17401 (717)843-8001 S.LD. 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 tion and belief and that all adult parties in interest have consent to this Petition. ~ -~~~~ ~~ Laura D. Richards, Petitioner Philip . Richar s, Petitioner Sworn and subscribed before me this I U~ day of C)ctober, 2008. NOTMIAL sE/1L BONNIE L COYLE. NOTARY PUBLIC BORO OF CARLISLE. CUMBERLAND CO. PA MY COMMISSION EXPIRES OCTOBER 17, 2010 Notary Public My commission expires: -2- .~ . 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 APPOINTMENT OF ADMINISTRATORS. D.B.N. filed by Laura D. Richards, and Philip C. Richards, Administrators of the Estate of Chad Michael Derr. Sy via .Derr Sworn and subscribed before me this ~-~_- day of C-ctober 2008. ~? ~~ ;~. Notary Public -~ My commission expires: ~ -~~" 1'D ..,. _, - , .. __. _~ . 9 ,~ t ~ ~ ~~ 1 ~i'y~ n ~ .. , (, ~.~ .~..~ ..1 -3-