Loading...
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 ��.> c � � rn PETITION TO MAKE RULE ABSOLUTE :'r, .--�'� � �� Q � �, -� ,;� � �,.,._ � C'7 To: The Honorable Judges of said Court: � cN '; � , �� AND NOW, comes Petitioner, Richard L. Adams, Jr., by and through h�oui��e� :_::: c-; Bradley L. Griffie, Esquire and the law firm of Griffie and Associates, F.C. an��eti���ot4�s r_ G�� Q � 'rl your Honorable Court as follows: � 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. � " , �, DaTE: l� -�� _ /`� ✓ i,�c,r� � �, ' . �'�':�1,� 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 � 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 DaTE: ,` �-� /- ,�t�� . rif , Esquire � torney for Petitioner ��_> . � 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 :,- o m � Harrisburg, PA 17105-8486 00 � r-,`r-,' �� o Attn: Tina M. Wise � � � � � � � �. rr� � ��7 rn �.- :�J CJ :":_ cn _:;; (B) Cumberland Goodwill Pire Rescue EMS Inc. :� �� � � � o PO Box 726 :-, c� -� � _,_ �i New Cumberland, PA 17070-0.726 ,:; -`_;, ,v � � ,� --i ,— r" ...- F--, u, o (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, i � � J.