HomeMy WebLinkAbout10-22-09IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: DOROTHY R MOVERS, O.C. No.
DECEASED
. a 1 -oq -o~'iy
PETITION TO GRANT LETTERS
OF ADMIlVISTRATION PEIVDENTE LITE
PURSUANT TO 20 Pa. C.S.A. $ 3160
TO THE REGISTER OF WILLS OF CUMBERLAND COUNTY:
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The Petitioner, Church of God Homes, Inc. ("Petitioner"), a principal creditor of Dorothy
R. Mouers, in support of this Petition, respectfully represents that:
1. Herewith the Petitioner has filed a Petition for Citation to Grant Letters of
Administration in the Estate of Dorothy R. Mouers with the Cumberland County Register of
Wills.
2. The Cumberland County Register of Wills should issue a Citation upon that
Petition with a date returnable.
3. As evidenced by the attached Adjudication, the Decedent's daughter, Rita
Shelman, appeazed before the Bureau of Hearings and Appeals at a hearing with the
Commonwealth of Pennsylvania Department of Public Welfaze, wherein it was determined the
appeal filed on behalf of Decedent was dismissed as untimely.
4. At the time of the hearing, Dorothy R. Mouers was deceased and did not have a
court appointed personal representative; thus, the filing of a timely appeal was impossible as no
personal representative was nor has been appointed following decedent's death.
5. Pursuant to 20 Pa.C.S.A. § 3373, "An action or proceeding to enforce any right or
liability which survives a decedent may be brought by ... his personal representative ... as
though the decedent were alive."
6. As this matter is of the utmost importance and is time sensitive, we herein request
Letters of Administration pursuant to Pa. C.S. §3155 be granted as soon as possible to allow an
appointed representative to represent Ms. Mouers' Estate's interest and safeguard her Medical
Assistance eligibility.
7. In furtherance of this matter, Petitioner now requests that a limited Administrator
Pendente Lite, pursuant to 20 Pa.C.S.A §3160, be appointed for the sole purpose of representing
the Decedent regarding her eligibility for Medical Assistance benefits.
8. Petitioner desires to have Jonathan M. Crist, Esquire, appointed as Administrator
Pendente Lite, pursuant to 20 Pa.C.S.A. §3160, for the Estate of Dorothy R. Mouers for the
limited and sole purposes of representing the Decedent regazding her eligibility for Medical
Assistance benefits for the time period Dorothy R. Mouers was a resident at Petitioner's skilled
nursing facility.
9. Moreover, Attorney Crist is a disinterested party and has no interest in the
outcome of any litigation, including Medical Assistance, involving the decedent.
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WHEREFORE, Petitioner, Church of God Homes, Inc., respectfully requests that
Jonathan M. Crist, Esquire, be appointed Administrator Pendente Lite, pursuant to 20 Pa.C.S.A.
§3160, for the Estate of Dorothy R. Mouers, with such appointment to lapse upon the granting of
Letters of Administration by the Cumberland County Register of Wills pursuant to 20 Pa.C.S.A.
§3155.
Respectfully submitted,
SC UTJER BOGAR LLC
Dated: ~~
By. 1,1~L
Chadwick O. B az
Attorney I.D. No. 83755
(717)909-5920
Sazah J. Brown
Attorney I.D. No. 200614
1055 West Lakes Drive, STE 300
Berwyn, PA 19312
(610) 727-3793
Attorneys for Petitioner