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HomeMy WebLinkAbout10-31-12IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS MARGARET H. FICK, OF CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION ~.~ ~j ~ ~ ~ ~ ~+ _l7 r'~ PETITION TO SHOW CAUSE WHY LETTERS OF ADMINISTRATI ~IOUL~ ~' NOT BE ISSUED TO GOOD NEWS CONSULTING, INC. PURSUC~TO ~? PA. C.S. § 3155(b) ~ ~ ~ Petitioner, Good News Consulting, Inc., by and through its attorney, Andrew H. Shaw, respectfully request: 1. On or about April 20, 2011, Petitioner was appointed the Guazdian of the Estate of Margaret H. Fick. A copy of the Order is attached hereto as Exhibit A. 2. Petitioner served as Guazdian of the Estate of Mazgazet H. Fick (hereinafter "Decedent") until her death on June 2, 2012. 3. Petitioner has seazched for a Last Will and Testament and has been unable to locate the same. It is believed that Decedent died intestate. 4. Decedent is survived by one child, Margaret "Peggy" Bratek, whose last known address is 7807 Alberta Drive, Rapid City, SD 57702. 5. To date, Ms. Bratek has not filed a Petition for Grant of Letters of Adminstration. 6. Petitioner, through its attorney, has contacted Ms. Bratek on multiple occasions requesting that she execute a Renunciation in favor of Good News Consulting, Inc. to serve as Administrator of Decedent's Estate. A copy of the letter sent to Ms. Bratek dated June 25, 2012 is attached hereto as Exhibit B. 7. To date, Ms. Bratek has not returned an executed Renunciation, nor has Ms. Bratek communicated any intention to probate Decedent's Estate. 8. Gary Fick and Kevin Fick, the co-guardians of Decedent, were step-children of Decedent, and are not entitled to share in Decedent's Estate under the intestate law. 9. To the best of Petitioner's knowledge, the only principal creditor of Decedent's estate is Green Ridge Village (hereinafter "Green Ridge"), of Newville, Pennsylvania. 10. Counsel for Green Ridge has confirmed that it is in agreement to have Petitioner appointed as Administratdr of Decedent's Estate. 11. Counsel for Petitioner has contacted counsel for Green Ridge, and counsel for Green Ridge concurs with this Petition. WHEREFORE, Petitioner respectfully request this Honorable Court issue a Citation to all parties entitled to administer Decedent's Estate to show cause why they should not apply for letters and failing this, to show cause why letters should not issue to the Petitioner. Respectfully submitted, Date: J~ --~`~ By: Andrew H. Shaw, Esquire Sup. Ct. ID. No.: 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 Attorney for Petitioner 2 IN RE: Margaret H. Fick, IN THE COURT OF COMMON PLEAS An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA :ORPHANS' COURT DIVISION QRDER OF COURT FINAL DECREE AND NOW, this Q1 ~4" day of April, 2011, upon consideration of the Petition of Green Ridge Village to Adjudicate an Incapacitated Person and to Appoint a Plenary Guardian of her estate, with respect to Margaret H. Fick, at which the allegedly-incapacitated person was not present (her presence being excused by the court pursuant to medical testimony indicating her appearance would be injurious to her health), and at which evidence was presented by the Petitioner in support of the petition, and at which Ms. Fick's court-appointed counsel, Michael J. Where, Esquire participated on her behalf, the court finds that: (1) Margaret H. Fick is severely mentally disabled to a point that impairs her capacity to make decisions; , . n (2) her condition will most likely not improve; ~~ ~;;; ~~ ~_' ~ J> ~p, ~ ~ _ ~.. 1 ~' 7 l (3) due to her condition she needs guardians of her person and esf~at~~ ti ~ ; - ~ (4) the type of guardianship she needs is plenary; ~~~-~ _.. . ~ ~~- = ~ T, C,y IT IS HEREBY ORDERED: ~' c r _ i `-'' ~ : ('!)Gary Fick and Kevin Fick are hereby appointed co-guardians of her person. (2) Good News Consulting is appointed guardian of the estate of Margaret H. Fick. A ~'t~111;_. CCi'Y tl~C3ivt E=t~~~+f~iC In Testimony wherof, (hereunto set my hand and the seal of said Court ai Carlisle, PA tua.,~t,-„+day of_~~_2o,.LL., Glerk of tP-~ OrpM~ns rrauet EXHIBIT (3) Good News consulting is not required to post bond, however, is directed to maintain current liability insurance. (4) Good News Consulting shall file all reports as required by 20 Pa.C.S. Section 5521(c). (5) Good News Consulting is authorized to pay the bill for legal fees of Michael J. Whare, Esquire, associated with this matter, from the estate of Margaret H. Fick. (6) A reasonable fee for the services of the guardian may be made and payable from the estate of the ward and, if applicable, from the PA Department of Welfare, in the amount of $100 per month assuming that the monthly payment is not objected to by the Department. Assuming there is no objection by the Department, said $100 per month shalt increase or decrease consistent with Department regulations. The GOOD NEWS CONSULTING, Inc., one-time start up fee of $400.00 is approved by the Court. BY THE COURT: J. cc: Jane Adams, Esquire Michael J. Whare, Esquire Gary and Kevin Fick 1677 Old Kiln Road Chambersburg, Pa. 17201 LAW OFFICE OF ANDREW H. SHAW, P.C. 200 S. Spring Garden Street, Suite 11, Carlisle, PA 17013 Telephone (717) 243-7135 Fax (717) 243-7872 www.ashawlaw.com Arrnx~w H. SxAw, EsQuixE A1vnx~ L. S~.w, EsQuixE andrew@ashawlaw.com andrea@ashawlaw.com Margaret Bratek 7807 Alberta Drive Rapid City, SD 57702 Re: Estate of Margaret H. Fick Dear Ms. Bratek: June 25, 2012 First, I would like to extend my condolences to the loss of your mother. Please be advised this office represents Good News Consulting, Inc., the guardian of your mother's estate. Because of your mother's death, the guardianship has terminated, and someone must now probate your mother's estate. Good News Consulting, Inc. has offered to do this, but you must sign off on this since you are the first in line under the law to serve as the administrator. To this end, enclosed please find a Renunciation for you to sign, have notarized, and return to my office in the enclosed self-addressed, stamped envelope. Please note that the estate has incurred significant debts to the nursing home, and it does not appear that there will be any funds to distribute to the beneficiaries. Further, please note we have been unable to locate a Will. Please contact this office at your earliest convenience if you know of the existence of a Will, and if you know where it is. If you should have any questions or concerns regarding this matter, please do not hesitate to contact me. I look forward to your quick response. Thank you. Very truly yours, ~ ~f A~`ndrew -haw, Esquire Enclosure cc: Good News Consulting, Inc. EXHIBIT Reset For RENUNCIATION REGISTER OF WILLS CUMBERLAND COUNTY, PENNSYLVANIA Estate of Margaret H. Fick ,Deceased I, Margaret Bratek , in my capacity/relationship as (Print Name) daughter of the above Decedent, hereby renounce the right to administer the Estate of the Decedent and respectfully request that Letters be issued to Good News Consulting, Inc. (Date) (Signature) 7807 Alberta Drive (Street Address) Rapid City, SD 57702 (City, State, Zip) Executed in Register's Office Sworn to or affirmed and subscribed before me this day of , Deputy for Register of Wills Executed out of Register's Office Before the undersigned personally appeared the party executing this renunciation and certified that he or she executed the renunciation for the purposes stated within on this day of , Notary Public My Commission Expires: (Signature and Seal of Notary or other official qualified to administer oaths. Show date of expiration of Notary's Commission.) FormRW-06 rev. 10./3.06 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Tina Hess, CEO Good News Consulting, Inc.