HomeMy WebLinkAbout10-23-14 IN RE: : ORPHANS COURT DIVISION
ESTATE OF BETTY L. ADAMS, : COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
LATE OF TOWNSHIP OF MIDDL�EX : WILL NO. 2014-00065
: ADMIN. NO. 21-14-0065 ��.>
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PETITION TO MAKE RULE ABSOLUTE :'r, .--�'� � �� Q
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To: The Honorable Judges of said Court: � cN '; �
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AND NOW, comes Petitioner, Richard L. Adams, Jr., by and through h�oui��e�
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Bradley L. Griffie, Esquire and the law firm of Griffie and Associates, F.C. an��eti���ot4�s
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your Honorable Court as follows:
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1. Decedent, Betty L. Adams, died on January 10, 2013, a resident of Middlesex
Township, Cumberland County, Pennsylvania.
2. Petitioner, Richard L. Adams, Jr., is an adult individual whose address is 916
Gobin Drive, Carlisle, Pennsylvania, 17013.
3. Petitioner filed a Petition for Settlement of a Small Estate Pursuant to 20
Pa.C.S.A. Section 3102 on September 8, 2014.
4. The Court issued an Order dated September 9, 2014, (a copy of said Order being
attached hereto and incorporated herein by reference as Exhibit "A"), entering a
Rule upon Respondents, Pennsylvania Department of Public Welfare,
Cumberland Goodwill Fire and Rescue EMS, Inc., and Commercial Acceptance
Company, to show cause, if any they have, as to why the request of Petitioner
should not be granted.
5. Petitioner had previously received, and attached to the prior Petition as Exhibit
"C", confirmation from the Department of Public Welfare that they
acknowledge the within estate to be an insolvent estate and, therefore, were not
collecting or making any additional claim against the estate.
6. Claimants, Cumberland Goodwill Fire Rescue EMS, Inc. and Commercial
Acceptance were provided with a true and attested copy of the Court's Order of
September 9, 2014 by correspondence to them dated September 17, 2014, but
neither claimant has filed a response to the Rule.
7. The Order of Court and Rule to Show Cause entered on September 9, 2014
provided claimants with 20 days to respond, and the 20 day response period
from the date of service, considering three days for mailing, expired on October
10, 2014.
8. Neither claimant, Cumberland Goodwill Fire and Rescue EMS, Inc. nor
Commercial Acceptance Company, has filed claims or responses to the Rule to
Show Cause.
9. The only heir of the estate is your Petitioner.
10. Based upon the lack of response from Respondents Cumberland Goodwill Fire
Rescue EMS, Inc. and Commercial Acceptance Company, as well as
confirmation from the Pennsylvania Department of Public Welfare that the
estate is accepted as insolvent, it is appropriate to enter an Order on the prior
Rule, making said Rule absolute.
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) The claims of the Cumberland Goodwill Fire Rescue EMS, Inc. and
Commercial Acceptance Company are hereby extinguished, voided and vacated, thereby
terminating all collection activities relative to said claim debts; and
(3) There shall be no distributions to heirs of this estate.
Respectfully submitted,
'Br iffie, Esquire �
or Petitioner
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.
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Richard L. Adams, Jr. >'
IN RE: : ORPHANS COURT DIVISION
ESTATE OF BETTY L. ADAMS, : COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PF,NNSYLVANIA
LATE OF TOWNSHIP OF MIDDLESEX : WILL NO. 2014-00065
: ADMIN. NO. 21-14-0065
CERTIFICATE OF SERVICE
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I, Bradley L. Griffie, Esquire hereby certify that I did, the.�'''�day of October,
2414, cause a copy of the within Petition to Make Rule Absolute to be served upon
Respondent PA Department of Public Welfare by certified mail, return receipt requested,
and to Cumberland Goodwill Fire Rescue EMS Inc. and Commercial Acceptance
Company 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: Tina M. Wise
(B) Cumberland Goodwill Fire Rescue EMS Inc.
PO Box 726
New Cumberland, PA 17070-0726
(C) Commercial Acceptance Company �
PO Box 3268
Shiremanstown, PA 17011
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. rif , Esquire
� torney for Petitioner
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IN RE: : ORPHANS COURT DIVISION
ESTATE OF BETTY L. ADAMS, : GOtJRT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
LATE OF TOWNSHIP OF MIDDLESEX : WILL NO. 2014-00065
: ADMIN. N0. 21-14-0065
ORD�R OF COURT AND
RULE TO SHOW CAUS�
AND NOW, this ��� day of 5 e �. , 2014, upon presentation and
consideration of Petitioner's Petition for Settlement of a Small Estate filed pursuant to 20
Pa.C.S.A. §3102, 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 renuested relief being that the claims of the Department of Public Welfare,
Cumberland Goodwill Fire Rescue EMS Inc., and Commercial Acceptance Company be
voided and vacated and that no additional distributions be made to the creditors listed
below:
(A) PA Department of Public Welfare
Bureau of Program Integrity
Division of Third Party Liability
Recovery Section � o ��
PO Box 8486 � -� �' m
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Harrisburg, PA 17105-8486 00 � r-,`r-,' �� o
Attn: Tina M. Wise � � � � � �
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(B) Cumberland Goodwill Pire Rescue EMS Inc. :� �� � � � o
PO Box 726 :-, c� -� � _,_ �i
New Cumberland, PA 17070-0.726 ,:; -`_;, ,v � �
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(C) Commercial Acceptance Company �—' -''
PO Box 3268
Shiremanstown, PA 17011 '
Said Rule is issued upon the foregoing Respoiidents. Rule returnable twenty (20)
days after service by first class mail, postage prepaid to the addresses listed for
E�hibit "A"
Cumberland Goodwill Fire Rescue EMS Inc., Commercial Acceptance Company and by
certified mail, return receipt requested, for the Department of Public Welfare.
BY THE COURT,
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