HomeMy WebLinkAbout08-27-14 IN RE: : ORPHANS COURT DIVISION
ESTATE OF ELDER R. BOWER, : COURT OF COMMON PLEAS OF� � �
: CUMBERLAND COUNTY � o � rn �
: PENNSYLVANIA � -�'a � � �°.
LATE OF TOWNSHIP OF : WILL NO. 2013-00251 � � � N --i Q
SOUTH MIDDLETON : ADMIN. NO. 21-13-0251 �_� U Y�-' � w,� �
;� . ::a c�
, .
' <::� ,- _"L7 °r7 'r1
, c:,�� -�-�7 � ,� 'r1
�...f L�.`: ..:.,t,. """
PETITION TO MAKE RULE ABSOLUTE � ='� w r`- rn
._��
r��� N � ,�
To: The Honorable Judges of said Court:
The Petitioner, Douglas R. Bower, respectfully represents as follows:
1. Decedent, Elder R. Bower, died on January 14, 2013, a resident of South
Middleton Township, Cumberland County, Pennsylvania.
2. Petitioner, Douglas J. Bower, is an adult individual whose address is 32 Strayer
Drive, Carlisle, PA, 17013.
3. Petitioner filed a Petition for Settlement of a Small Estate Pursuant to 20
Pa.C.S.A. Section 3102 on July 16, 2014.
4. The Court issued an Order dated July 22, 2014 (copy attached hereto and
incorporated herein by reference as Exhibit "A"), entering a Rule upon
Respondent, Pennsylvania Department of Public Welfare, and Bradley E. Bower,
to show cause, if any they had, as to why the request of Petitioner should not be
granted.
5. One of the requests of the Petitioner was for the Department of Public Welfare
claim to be extinguished due to the insolvency of the estate.
6. Since that time, Petitioner has received correspondence dated August 7, 2014,
which is attached hereto and incorporated herein by reference as Exhibit "B",
from the Department of Public Welfare advising that the Department recognizes
the insolvency of the estate and is not pursuing its claim.
7. Respondent, Bradley E. Bower, was provided with a copy of the Court's Order
and Rule to Show Cause by correspondence dated July 28, 2014 and Respondent,
Bradley E. Bower, has filed no response.
8. Based upon the lack of response from Respondent, Bradley E. Bower, and the
confirmation from the Pennsylvania Department of Public Welfare that the estate
is accepted as insolvent, it is appropriate to enter an Order as previously requested
by petitioner.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order providing
that:
(1) the Third Party Liability Claim of the Department of Public Welfare is hereby
extinguished, voided and vacated, thereby terminating all collection activities relative to
said debt; and
(2) There shall be no distribution to heirs in this estate.
Respectfully submitted,
. r' fie, Esquire
ey fo etitioner �
Supreme Court ID No. 34349
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document 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: �2�����
Dou la . ower
�
IN RE: : ORPHANS COURT DIVISION
ESTATE OF ELDER R. BOWER, : COURT OF COMVION PLEAS OF
� : CUMBERLAND COUNTY
: PE�INSYLVANIA
LATE OF TOWNSHIP OF : WILL NO. 2013-00251
SOUTH MIDDLETON : ADMN. NO. 21-13-0251
ORDER OF COURT AND
RULE TO SHOW CAUSE
J
ANI� NOW, this �.� � day of �•?��y , 2014, upon presentation and
consideration of Petitioner's Petition for Settlement of a Small Estate filed pursuant to 20
Pa.C.S.A. §31U2, a Rule is hereby issued upon the Respondents hereinafter named, to
show cause, if any they have, as to why the relief requested by Petitioner should not be
granted, said requested relief being that the claim of the Department of Public Welfare be
settled as proposed and that no additional distributions be made to the Decedent's heirs:
(A) PA Departinent of Public Welfare
Bureau of Program Integrity
Division of Third Party Liability n �'��
Recovery Section �0 � �,-�
PO Box 8486 °m'-T�. C= �.:-�
�� — � _ 't_
Harrisburg, PA 17105-8486 �z�- ^•� � `-
i f':
Attn: Tammi L. Kissinger ��`_:��: �' � --�
c . � -
c;c,� -.- ::::
o c: �y . -_�
(B) Bradley E. Bower ' s� ;�=���`
..--� G1 ;T�i
4690 W. Eldorado Parkway a t," ��,�_:
Apt. 814 �`= �'
McKinney, TX 75070
Said Rule is issued upon the foregoing Respondents. Rule returnable twenty (20)
days after service by first class mail, postage prepaid to the address listed for Bradley E.
A i�?U�CC�Y FROP�1 REGORD
In 1'a�tir•nnny wh�,ot, f hereunto
s�#n�y fi��nd and the s�al
o�s�ici Caurt at Carlisla, PA
Th���Z2�`�yof.�lt.� 20i��
�}� -�� � �1 ,l�l�'�- .
Cisrk of r �ans Cot!n
� '� i
:n�►m�erl nd Co�niy �hibit ��A�� `..,�j
� �.
Bower and by certified mail, return receipt requested, for the Department of Public
VVelfare.
BY THE COURT,
�,
�i�i`r � �'• ,tj ,
�;, �`` ��`;� �� .
'" '� J.
�
�� pennsylvania
�•
DEPARTMENT OF PUBLIC WELFARE
August 7, 2014
GRIFFIE &ASSOCIATES
BRADLEY L GRIFFIE ESQUIRE
200 NORTH HANOVER ST
CARLISLE PA 17013
Re: Elder Bower
CIS #: 130205875
SSN: ###-##-8445
Date of Death: 01/14/2013
Dear Attorney Griffie:
Pursuant to your correspondence dated July 28, 2014, regarding the
above-referenced estate, the Department recognizes the estate to be insolvent. Please
notify us of any change in circumstances which may affect the insolvency of the estate.
Thank you for your cooperation in this matter. If you have any questions, please
contact me.
Sincerely,
��� y�'� �-`�'�'�--
Patricia Nace
TPL Program Investigator
717-772-6617
717-772-6553 FAX
Bureau of Program Integrity � Division of Thlyd Party Liability � Recovery Section
PO Box 8486 � Harrisburg, Pennsylvania 17105-8486
F'.xhi bit "B"
iN RE: : ORPHANS COURT DIVISION
ESTATE OF ELDER R. BOWER, : COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
LATE OF TOWNSHIP OF : WILL NO. 2013-00251
SOUTH MIDDLETON : ADMIN. NO. 21-13-0251
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire hereby certify that I did, the �day of August,
2014, cause a copy of the within Petition To Make Rule Absolute to be served upon
Respondent PA Department of Public Welfare and to Bradley E. Bower by first class
mail,postage prepaid, at the following addresses:
(A) PA Department of Public Welfare
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section
PO Box 8486
Harrisburg, PA 17105-8486
Attn: Tammi L. Kissinger
(B) Bradley E. Bower
4690 W. Eldorado Parkway
Apt. 814
McKinney, TX 75070
DATE: 6
' fie, Esquire
ttorne or Petitioner