HomeMy WebLinkAbout12-10-09e
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F. MAFFETT, JR., ESQUIRE ~: ~
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PA 5538 n
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2201 North Second Street m
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Harrisburg, PA 171 10 t j
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717-233-4160 ~-,Cj~? a ~
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Attorney for Petitioner ~-~C ~ > >
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IN THE COURT OF CObIldON PLEAS n p ~~'
CL7bIDERLAND COUNTY, PENNSYLVANIA
IN RE: ESTATE OF DAVID W. :ORPHANS' COURT DIVISION
FISHER 2 q
PETITION TO RAISE AN ESTATE
AND APPOINT A PERSONAL REPRESENTATIVE
AND NOW, this lOT" day of December, 2009, comes the
Petitioner, JEFFREY WHITMIRE, by his attorney, Richard F.
Maffett, Jr., Esquire, and petitions Your Honorable Court to
compel the opening of an Estate and the appointment of a personal
representative for the Estate of David W. Fisher; and, in support
thereof, respectfully represents the following:
1. Petitioner, Jeffrey Whitmire, is an adult individual who
resides at 165 Frytown Road, Carlisle, Cumberland County, PA,
17015.
2. Decedent, David W. Fisher, was an adult individual who
died in November, 2008; and, at the time of his death, resided at
30 Cardinal Drive, Carlisle, Cumberland County, PA, 17015.
3. On June 14, 2006, Petitioner Jeffrey Whitmire was
driving his motorcycle headed North in the left lane of the
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Carlisle Pike, State Route 11, just East of the intersection with
Kost Road, in Mechanicsburg, Cumberland County, PA.
4. At the same time, the Decedent was also driving his auto
on the Carlisle Pike in Mechanicsburg, Cumberland County, PA, to
the rear of Petitioner's motorcycle.
5. Petitioner entered a construction area and slowed his
motorcycle, but Decedent failed to slow his vehicle, causing the
front of Decedent's vehicle to strike the rear of Petitioner's
motorcycle, as a result of all of which, Petitioner suffered
severe physical injury.
6. Based upon Petitioner's aforesaid injuries and damages
therefrom, on June 2, 2008, Petitioner filed a lawsuit against
Decedent in the Cumberland County Court of Common Pleas,
captioned Jeffrev Whitmire v David W Fisher, indexed at No. 08-
3368, which remains pending.
7. 42 Pa.C.S. 8302 provides that all causes of action
survive the death of the Defendant; and, as a result, Petitioner
has a cause of action against the Estate of Decedent, David W.
Fisher.
8. As a result of the death of Defendant David W. Fisher,
Petitioner/Plaintiff Jeffrey Whitmire must amend the caption of
the aforesaid pending lawsuit to reflect the Estate of Decedent
David W. Fisher as the Defendant rather than Decedent.
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9. An arbitration in the aforesaid case of Jeffrey
Whitmire v David W. Fisher, has been scheduled for January 19,
2010; and, the caption of the aforesaid case must be amended
before the arbitration occurs.
10. Petitioner, through counsel, checked the Register Of
Wills Office for Cumberland County, and determined no Estate been
opened on behalf of Decedent David W. Fisher.
11. Petitioner, through counsel, determined no relative or
family member intends to open an Estate on behalf of Decedent,
David W. Fisher.
12. 20 Pa.C.S.A. 3155(B) allows a Plaintiff in an action for
damages to apply for Letters of Administration and to open an
Estate for a deceased Defendant if no Estate exists.
13. Petitioner's counsel contacted Matthew Ridley, Esquire,
the attorney for Decedent Defendant in the above-captioned
Whitmire v Fisher, who stated his concurrence with the instant
Petition To Raise An Estate.
14. 20 P.S. 3155(B) provides that the personal
representative of an Estate can be the Decedent's spouse,
although Letters of Administration can be issued to any fit
person.
15. Matthew Ridley, Esquire contacted Decedent's widow,
Faith Fisher, who indicated she is willing to serve as personal
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representative for the purpose of opening an Estate to resolve
the pending litigation.
16. Faith Fisher, Decedent's widow, resides at 30 Cardinal
Drive, Carlisle, Cumberland County, PA.
17. Attorney Ridley stated his concurrence in the
appointment of Faith Fisher as personal representative for the
Estate of David W. Fisher.
WHEREFORE, Petitioner, JEFFREY WHITMIRE, respectfully
requests Your Honorable Court to order the opening of an Estate
for the Deceased, David W. Fisher; and, the appointment of Faith
Fisher as Personal Representative for the Estate of David W.
Fisher.
Respectfully submitted,
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Richard F. Maffe Jr. Esq.
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that he served a true and
correct copy of the foregoing Petition To Raise An Estate and
Appoint a Personal Representative upon counsel by depositing same
in the United States Mail, postage prepaid, addressed as follows:
Matthew Ridley, Esquire
100 Sterling Parkway, Suite 306
Mechanicsburg, PA 17050
Dated: ~Z/~0~(J~ ~ f''~y'Z~ O
Richard F. Maffett, r. Esq.