The URL can be used to link to this page

Home My WebLink About04-06-06 }y" IN RE: ESTATE OF COLLEEN M. NICHOLSON : REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 729 ORDER AND NOW, this '$ t ~t day of vt12J '- ~ , 2006, it is hereby ORDERED AND DECREED that: ~c. ":ll~r c5 &J" W, Us 15.. dl, ~ .:led f <> ~loi~t:. (a) The lasf wil\Cand testament of Colleen M. Nicholson sMI1 b" "htefC; into probattso that proper administration of the estate may occur. (b) James C. Nicholson is disqualified from acting as an Executor. (c) Amanda 1. Nicholson, who is the current Administratrix, shall be appointed as the Executor. cc: Jane Adams, Esquire CC) Chris Rice, Esquire i..' -' , \ I.,' ,~ IN RE: ESTATE OF COLLEEN M. NICHOLSON : REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 729 ['. ~} MOTION TO MAKE RULE ABSOLUTE '--'..1 AND NOW COMES, Amanda Nicholson, by and through her attorney, Jane:4dams't ) Esquire, and represents the following: ' ... i i ,f>.'_,-_ ..... 1. Petitioner is Amanda J. Nicholson, an adult individual residing at 154 B. West Penn S1., Carlisle, Pa. 17013. 2. Decedent is Colleen M. Nicholson, who died on August 5, 2005. 3. Respondent is James C. Nicholson, who currently resides at 91 Smith Rd., York Springs, Pa. 17372 and who is the beneficiary of a will executed by decedent. 4. On, or about February 13, 2006, Plaintiff filed a Petition for Relief requesting that: (a) The last will and testament of Colleen M. Nicholson shall be entered into probate so that proper administration of the estate may occur. (b) James C. Nicholson is disqualified from acting as an Executor. (c) Amanda J. Nicholson, who is the current Administratrix, shall be appointed as the Executor. 5. On February 15, 2006, a Rule was issued upon James C. Nicholson, to show cause, if any, why the relief requested should not be granted. (Please see Exhibit A). 6. Counsel for Petitioner served a copy of the Petition and the Rule upon Defendant on February 24, 2006, via certified mail, return receipt requested, at the Cumberland County Prison, where he wa~ incarcerated. (An Affidavit of Service regarding the Service of the Petition and the Rule are attached as Exhibit B). 7. Respondent James C. Nicholson was released from prison on or about March 3,2006; on March 9, 2006, Counsel received a call from Attorney Chris Rice indicating that he would be assisting James C. Nicholson regarding this matter. ~ 8. On or about March 24, 2006, Counsel received a call from Attorney Chris Rice indicating that after consulting with James C. Nicholson, that he would not be filing a response to the Petition for Relief and would not oppose the requested Order. WHE.REFORE, Jane Adams, Esquire, respectfully requests this Honorable Court to make the Rule absolute and grant the relief requested in the above-captioned matter. Respectfully Submitted, Date: <~\~l\ 010 By. ~ Jane J.D. 64 S Pitt St. Carlisle, Pa. 1 7013 (717) 245-8508 ATTORNEY FOR PLAINTIFF c==="" ~~~~ IN RE: ESTATE OF COLLEEN M. NICHOLSON : REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 729 . ORDER AND NOW, this 15 TH day of Fer3l(UftR'-I , 2006, upon'consideration of the Petition for Relief, a RULE is hereby issued upon respondent, James C. Nicholson, to show cause, if any he should have, why the relief requested in the attached petition should not be granted. RULE RETURNABLE within (3) days of service of this Order and Petition upon James C. Nicholson. cc: Jane Adams, Esquire James C. Nicholson j\ TFHJE (~(}PV FFlorv1 RE~~{:~~:/~,U I nl:~~t~:,~~>~~, ':::' ~;~t~:>, ~~~:':~,;:,' (,J ""'j' j~.,..t.~ '. !\iH.'t. "L {':\liL:>L.\ I J\()J I,} ..~~c... \.. .j,.., . 'F'" r;,a "'ll . (0 ~!ltRlSv~Y-/rL:".:~.7 ~~. _ J . ...._-~......,.,..._.......".."."............ _..".....~...::.~~.." .' J L. . / Cj~d'~ o.~ H,e c~pr:::.~il:~.,.I::...,~J:J~{ . 11 /In). '~.l/ i} '{ Jf'r..!t}e~I~\nd \..:JUi,l.1 / (1-' ''- _ l! ,.~t f ! \.... ...- , "" '-. EXHl &, sA- IN RE: ESTATE OF COLLEEN M. NICHOLSON : REGISTER OF WILLS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005 - 729 AFFIDAVIT OF SERVICE AND NOW, this February 27,2006, I, Jane Adams, Esquire, hereby certify that in order to effectuate service of the Petition and Rule issued in the above-captioned case, I personally did the following: 1. On February 23, 2006, I called the Cumberland County Prison to confmn that James C. Nicholson was incarcerated in the Cumberland County Prison. 2. On February 23,2006, I sent a copy of the Petition and Rule to Show Cause upon James C. Nicholson, via certified mail, at his last known place of residence which was the Cumberland County Prison, 1101 Claremont Rd., Carlisle, Pa. 17013. 3. On February 27,2006, I received a return-receipt which indicated that the envelope containing the Petition and Rule to Show cause were received and signed for by a staff member at the prison on February 24,2006. (A copy of the receipt is attached hereto as Exhib~t A). 4. On February 27, 2006, I called the prison to make sure that James C. Nicholson was still at the Cumberland County Prison; and that he was there on the date of delivery of the Petition and Rule. The records department confirmed that he was present at the prison on February 24, 2006. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~ \A 1\ D ~ )0 dams, Esquire I.D. o. 79465 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR AMANDA J. NICHOSLON ~~l'.~ . Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: -f Agent __ ,. A.s:t~@ssee , % Receiv by ( Prlntjd NameJV" C. Datell 01 DeliverY //1 /1-, 11r-llpid~' Vl1-.1'-oV D. Is delivery address different from Item 1? 0 Yes If YES. enter delivery address below: ~o ~EGAL ~~AIL JA~ES C NI~OLSON C~.F'~.:l'STIL ?-\.~lD COT.FJTY '?'?I SO? 11-1 CT...AREflONT "R.D CARLISLE P' 17013 3. Service Type ~Certlfied Mall o Registered o Insured Mall o Express Mall o Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Transfer from service label) PS Form 3811. February 2004 7004 1350 0003 7288 4677 Domestic Return Receipt 1 02595-02-M-15~~: CERTIFICATE OF SERVICE AND NOW, this March 27, 2006, I, Jane Adams, Attorney for Petitioner, Amanda J. Nicholson" hereby certify that a copy of the attached MOTION has been duly served upon the following parties, by placing such in the custody of the United States Postal Service, via first class mail, postage pre-paid addressed to: Chris Rice, Esquire Martson, Deardorff, Williams & Otto lOW. High St. Carlisle, Pa. 17013 \" /J~{ e Adams, Esquire / I. . No. 79465 4 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER In Re: Estate of COLLEEN M NICHOLSON ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-05-729 CERTIFICATE OF SERVICE OF ORDER ORDER DATED: 03/31/06 JUDGE'S INITIALS: JWO TIME STAMP DATE: 04/04/06 IN RE: ORDER - -~._--------"-~----------~-----'- -----------_._--------_._---,._-----------_.--~--------_._._---------_._--------_._._-~----_. SERVICE TO: JANE ADAMS ESQ CHRIS RICE ESQ METHOD OF MAILING: ~ USPS DRRR o Hand delivered o Other: _ ENENVELOPE(S) BY: ~ Petitioner o Judge o Clerk of Orphans' Court DATE OF MAILING: 04/5/06 - -"-,_._-------,-_._------------'_._---,.__..._~- ------------~,--_._._----------_._._~--------~-~---_.-..._-~--._----_._-----------------_._._--------~ SERVICE TO: METHOD OF MAILING: o USPS DRRR o Hand delivered o Other: _ ENVELOPE(S) BY: [gJ Petitioner o Judge o Clerk of Orphans' Court DATE OF MAILING: - _.__._--_.__._-----_._---_._-----~------- ----------~-~_.__..._----------_.._._~----------~-_.,-,.-------.------------.--------------...----- , LJ ( vodau First Dep Clerk of Orphans' Court Clerk of the Orphans' Court