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Home My WebLink About11-27-12IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS MARGARET H. FICK, OF CUMBERLAND COUNTY, PENNSYLVANIA DECEASED ORPHANS' COURT DIVISION 1~ PETITION TO ISSUE LETTERS OF ADMINISTRATION TO GOOD NEWS CONSULTING, INC. PURSUANT TO 20 PA. C.S. § 3155(b) Petitioner, Good News Consulting, Inc., by and through its attorney, Andrew H. Shaw, respectfully request: 1. On or about October 31, 2012, Petitioner filed a Petition To Show Cause Why Letters of Administration Should Not Be Issued To Good News Consulting, Inc. A copy of the Petition is attached hereto as Exhibit A. 2. On or about November 1, 2012, the Register of Wills issued a Citation to Margaret Bratek to show cause why Letters of Administration should not be issued to Good News Consulting, Inc. A copy of the Citation is attached hereto as Exhibit B. 3. More than 20 days have passed from the date of the citation, and Ms. Bratek has not filed any response. 4. It is necessary for Letters of Administration to be issued so any creditors may be paid. 5. Petitioner requests the Register of Wills to issue Letters of Administration to r. .._ Good News Consulting, Inc. ~ ® ~ =~: ~ `=' m ~'' ~ ~~ ~ p~ y~~> f~ ~~' ~ y' ~ ~l1 y y i../ ~~•• p..* ~ k 1 h~ WHEREFORE, Petitioner respectfully requests the Register of Wills issue Letters of Administration to Good News Consulting, Inc. _. ,.._. ~~ ~ `. - ~~`" Date : ~ . ~.~-.._ f '~ ~ ~-_.._ Respectfully submitted, 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 Attorney for Petitioner r ;, 1 Andrew H. Shaw, Esquire Sup. Ct. ID. No.: 87371 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS _ MARGARET H. FICK, OF CUMBERLAND COUNTY, PE N~P~~LVANh~ _ ,-~ ; t DECEASED ORPHANS' COURT DIVISION ~ ~ ~ t ~ NO. ~--- ~-. , ..._ ~~ c- . , ._. : ~ __ . ~, ; _ ~ ` . .. ~ r -, ..- PETITION TO SHOW CAUSE WHY LETTERS OF ADMINISTRATION SHOUT NOT BE ISSUED TO GOOD NEWS CONSULTING, INC. PURSUANT 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 Guardian of the Estate of Margaret H. Fick. A copy of the Order is attached hereto as Exhibit A. 2. Petitioner served as Guardian of the Estate of Margaret H. Fick (hereinafter "Decedent") until her death on June 2, 2012. 3. Petitioner has searched 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. EXHIBIT 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 Administrator 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. Date: ~,~` ~ ..- ~ ~- ~ -~~ Respectfully submitted, - ~{ ---~ ; /~ ( r' ~~~ !' f `~ ~ ~' ,~` `~ ~~ ' r ~ B ~_ ,_. 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 N RE: Margarex H. Fick, IN THE COURT OF COMMON PLEAS ~n Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' CC?URT DIVISION URDER C7F COURT FINAL DECREE AND NOW, this ~ ~ day of April, 2011, upon consideration of the 'etition of Green Ridge Village to Adjudicate an Incapacitated Person and to Appoint ~ Plenary Guardian of her estate, with respect to Margaret H. Fick, at which the ~Ilegedly-incapacitated person was not present (her presence being excused by the :ourt pursuant to medical testimony indicating her appearance would be injurious o her health), and at which evidence was presented by the Petitioner in support of he petition, and at which Ms. Fick's court-appointed counsel, Michael J. Whore, :squire participated an her behalf, the court finds that: (1 }Margaret H. Fick is severely mentally disabled to a point that impairs her :opacity to make decisions; , . c-a _ . (2) her condition will most likely not improve; ~~, .~,,, ; :: ; ~ , .1..! L> r" f ~ ~ _ J .T~i (3) due to her condition she needs guardians of her person and es€~~.;~ ~ ~ cr ~ ~~ - .. ~; __ (4) the type of guardianship she needs is plenary; ~~~L ~-~ ~~:: - _ IT IS HEREBY ORDERED: ~ ~ ~=`' ~ (1) 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. =ick ~~~ T~~tir~~r~y wh~rof, 6 t~~r~~at~~c s:~r r~ty ~~nd and tt~-;~ ,~~ai cfi paid ~:c~urt ~t ~arli~la~, P,~ "t~e~.:~',.~~ day r~~ ~?~.~! ~~,-~~ ~.~_ ( y) a A ' i h:..:c / ~~~ Yew ~l~rtc av ~~i~ t`~r~h~r~~ ~r~ty~.rk i (3), Good News consulting is not required to post bond, however, is directed to naintain current liability insurance. (4) Gaod News Consulting shall file all reports as required by 20 Pa.C.S. Section i521(c). (5) Good News Consulting is authorized to pay the bill for legal fees of Michael J. 'Vhare, 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 rom the estate of the ward and,, if applicable, from the PA Department of Welfare, in ~e amount of $100 per month assuming that the monthly payment is not objected to by ~e Department. Assuming .there is no objection by the Department, said $100 per 7onth shall increase or decrease consistent with Department regulations. The GOOD IEWS CG NSULTiNG, Inc., one-time start up fee of $400.00 is approved by the Court. BY THE COURT: J. ;: Jane Adams, Esquire Michael J. Whare, Esquire Gary and Kevin Fick 1677 Olci Kiln Road Chambersburg, Pa. 17201 LAW OFFICE OF ANDREW H. SHAW, P. C. 200 S. Spring Garden Street, Suite 1 1, Carlisle, PA 17013 Telephone (717) 243-7135 Fax (71.7) 243-7872 www.ashawlaw.com ANDREW H. SHAW, ESQUIRE ANDREA L. SHAW, ESQUIRE andrew@ashawlaw.com andrea@ashawlaw.com June 25, 2012 Margaret Bratek 7807 Alberta Drive Rapid City, SD 57702 Re: Estate of Margaret H. Fick Dear Ms. Bratek: 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, x"~ ~~ ~ .,~,,,,..,~ . ,;.,,., ,.:.,~,,,s....A. Andrew H`~. haw, Esquire Reset Form REIaTUl®1CIATIOI`~TT 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) Executed in Register's Office Sworn to or affirmed. and subscribed before me this day of , Deputy for :Register of Wills (Signature) 7807 Alberta Drive (Street Address) Rapid City, SD 57702 (City, State, Zip) 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.) Form RW-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 are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: 0 c ~~~ `~ ~~~ Tina Hess, CEO Good News Consulting, Inc. CIT_~T It)ti Office of the Register of Wills Cumberland County, Pennsylvania IN RE: Estate of Margaret H. Fick, Deceased No. 21-12-1150 G7 -.., COMMONWEALTH OF PENNSYLVANIA ~ Y ra-~ ~-,-- ; ~ . ~; .. ~ ;. COUNTY OF CUMBERLAND -~~ - ~ ` ;~ c, ~ _. r-; _ (~ Jr ... .. - ..,T. Margaret Bratek ~ ,_._ ~•~ ~ CTi .Tl GREETINGS: AND NOW this 1st day of November, 2012, the Register of Wills of Cumberland County issues this citation upon you to show cause why Letters of Administration should not be issued to Good News Consulting, Inc. for the Estate of Margaret H. Fick, Deceased. Your response, if any, should be filed in her office within 20 days from date of this citation. If no response is filed within twenty days, then Petitioner shall move to bring the matter for resolution before the Register. /'9~ ~ -''' ' 3 ~ Glenda Farner Strasbaugh Register of Wills Andrew H. Shaw, Esquire Nicole M. Weigel, Esquire EXHIBIT CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Petition for Letters of Administration, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Margaret Bratek 7807 Alberta Drive Rapid City, SD 57702 Nicole M. Weigel, Esquire Presbyterian Senior Living, Inc. One Trinity Drive East Suite 201 Dillsburg, PA 17019 Attorney for Presbyterian Senior Living '. Date: i,`~ v ~~ ,i' _ ~,~'~~%~ Sup. Ct. I.D. No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile)