HomeMy WebLinkAbout94-00643
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94.1386 CIVIL TERM
21.94.643 ORPHANS' COURT
1 , Settlement for the Erie Insurance Exchange polley limit of $1,000,000,
subject to the $500,000 Individual limit, Is approved, as follows:
AM.QYtfi
To Ellen Gensler $ 600,000
To Tabitha Gensler $ 100,000
To Josiah Gensler $ 75,000
To Brent Gensler and
Ellen Gensler for the
wrongful death of
Gloria Gensler $ 276,000
To the Estate of
Gloria Gensler pursuant
to the Survival Act g; 50.000
TOTAL $1,000,000
2. Brent A. Gensler, as Administrator of the Estate of Gloria Gensler Is
authorized to exeoute a general release to defendants and their Insurer, Erie
Insurance Exchange,
3, Brent A. Gensler and Ellen M.w, Gensler, as parents and natural
guardians of Tabitha Gensler and Josiah Gensler, are authorized to execute general
releases to defendants and their insurer, Erie Insurance Exchange, for the claims on
behalf of Tabitha and Josiah Gensler,
4. Settlement for the $100,000 In total underlnsured motorist benefits from
Nationwide Insurance Company, subject to the $50,000 Individual limit, Is approved I
as follows:
.2.
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94.1385 CIVIL TERM
21 -94-643 ORPHANS' COURT
AMQUtfi
To Ellen Gensler $ 60,000
To Tabitha Gensler $ 10,000
To Josiah Gensler $ 7,600
To Brent and Ellen Gensler
pursuant to the Wrongful
Death Act for the
wrongful death of
Gloria Gensler $ 27,600
To the Estate of Gloria
Gensler pursuant to tho
Survival Act $ 6.000
TOTAL $ 100,000
6. Brent and Ellen Gensler, as parents and natural guardians of the minors,
Tabitha Gensler and Josiah Gensler, and Brent Gensler as Administrator of the Estate
of Gloria Gensler, are authorized to execute all required documents to obtain the
payment of the underlnsured motorist benefits from Nationwide Insurance Company.
6. Legal fees and expenses as requested are approved out of the
proceeds to be received by the minor, Tabitha Gensler, In the amount of $2,360, and
out of the proceeds to be received by the minor, Josiah Gensler, In the amount of
$1,762.
7. Legal fees and expenses as requested of $3,819 for the wrongful death
clalm, and $3,819 for the survival claim, are approved,
8. Pursuant to Pa, Rule of Civil Procedure 2039(b)(2), the petition to Invest
the net proceeds payable to the minors Tabitha Gensler and Josiah Gensler in
accordance with the recommendations of Guardian Angel Financial Advisory, IS
.3.
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94.1385 CIVIL TERM
21.94.643 ORPHANS' COURT
DENIED. The petition to appoint Dennis Lebo as the guardian of the estates of
Tabitha and Josiah Gensler, IS DENIED.
9. The proceeds payable to Tabitha Gensler and Josiah Gensler shall be
made by check requiring the endorsement of plalntlffs' counsel, Delano M. Lantz,
Esquire. Pursuant to Pa, Rule of Civil Procedure 2039(b)(2):
(a) The total net sum of $107,650 payable to Tabitha Gensler shall be
Invested BY PLAINTIFFS' COUNSEL In one or more saving accounts at the highest
Interest rate available IN THE NAME OF TABITHA GENSLER, BORN AUGUST 2,
1989 In banks, building and loan associations or savings and loan associations In
which the deposits are Insured by a federal government agency, as chosen by her
parents, provided that the amount deposited In anyone or such savings Institutions
shall not exceed the amount to which the accounts are thus Insured. Every such
account shall contain a provision that, NO WITHDRAWAL CAN BE MADE UNTIL
THE MINOR ATTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY A PRIOR
ORDER OF COURT.
(b) The total net slim of $80,738 payable to Josiah Gensler shall be
Invested BY PLAINTIFFS' COUNSEL In one or more saving accounts at the highest
Interest rate available IN THE NAME OF JOSIAH GENSLER, BORN JANUARY 16,
1991 In banks, building and loan associations or savings and loan associations In
which the deposits are Insured by a federal government agency, as chosen by his
parents, provided that the amount deposited In anyone or such savings Institutions
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In ReI Estates of
TABITHA GENSLER and JOSIAH
GENSLER; minor children of
Ellen M. W, Gensler and
Brent A. Gensler
IN THE COURT OF COMMON PLEAS
CUMBERLANP COUNTY, PENNSYLVANIA
",,11- qlj - rMft!IIi ;., '-13
NO, '1994 ~ 'n oj n
I .'.J, I ,.'/11 -. (r> 'I 3., II - t.~(tt.fl .a.t"rl.()lt...,.
I' ORPHANS COURT DIV SION '
DECRB!
AND NOW, this
day of July, 1994, upon consideration
of the Petition for the ~ppointment of Dennis Lebo as guardian of
, the personal estates of Tabitha Gensler and Josiah Gensler with
respect to insurance proceeds to be received from Erie Insurance
Exchange and Nationwide Insurance Company, it is hereby DECREED
that Dennis Lebo is appoi~ted guardian of the personal estates of
Tabitha Gensler and Josiah Gensler with respect to the insurance
proceeds to be received from Erie Insurance Exchange and
Nationwide Insurance Company,
On the representation that the net insurance proceeds shall
be invested in accordance with the recommendations of Guardian
Angel Financial Advisory and through that company, and that.
Dennis Lebo shall make investment qecisions based on the
l-ecommendations of Guardian Angel Financial Advisory or a similar
organization that is bonded and has liability coverage in amounts
at least equal to that presently covering Guardian Angel
Financial Advisory, and because the costs of a bond with surety
would deplete the assets of the minor's estates, the Court finds
,
in a pending lawsuit captioned Ellen M. W. Gensler. Brent A.
Gensler. indi~ally and as parents and natural quardians of
Tabitha Gensler and Josiah Gensl~ v. Leon D. Myers, et al., C.P.
Cumberland County No, 94-1385. A copy of the Petition for
Approval of Settlement is attached hereto as Exhibit "A". In
support of this Petition, Petitioners aver as follows:
1. Tabitha Gensler is the child of Ellen M. W. Gensler and
Brent A. Gensler, resides with her parents at 2267 Newville Road,
Carlisle, Pennsylvania, 17013, and is four years old with a
birthdate of August 2, 1989.
2. Josiah Gensler is the child of Ellen M. W. Gensler and
Brent A. Gensler, r.esides with his parents at 2267 Newville Road,
Carlisle, Pennsylvania, 17013, and is three years old with a
birthdate of January 16, 1991.
3. Petitioners are Ellen M. W. Gensler and Brent A.
Gensler, husband and wife residing at 2267 Newville Road,
Carlisle, Pennsylvania 17013; and are the parents and natural
guardians of Tabitha Gensler and Josiah Gensler.
4. A description of the accident giving rise to the claims'
set forth in the pending action captioned Ellen M. W. Gensler.
Brent A. Gensler.~uallY and as parents and natural
~rdians of Tabitha Gensler and Josiah Gensler v. Leon D. Mvers.
~~" C.P. Cumberland County No. 94-1385, and the terms of the
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proposed settlement are set forth in the attached Petition for
Approval of Settlement, and the averments set forth in the
Petition for Approval of Settlem~nt are incorporated herein by
reference as if set forth in full.
5. If the Court approves the accompanying Petition for
Approval of Settlement, then Tabitha Gensler will be receiving
$100,000 from Erie and $10,000 from Nationwide, less expenses and
Josiah Gensler will be receiving $75/000 from Erie and $7/500
from Nationwide, less expenses.
6. Unless a guardian of the personal estates of Tabitha
Gensler and Josiah Gensler is appointed, Petitioners will be
limited to investing the net insurance proceeds paid for the
benefit of Tabitha Gensler and Josiah Gensler in insured accounts
in banks, building and loan or savings <Iud loan associations
insured by a federal government ngency. See 20 Pa, C.S.A. ~5103.
7. Petitioners have been advised by professional financial
advisors and managers that considering the young ages of Tabitha
Gensler and Josiah Gensler, investing the net insurance proceeds
in insured bank accounts is not in the best financial interests
of Tabitha Gensler and Josiah Gensler. Petitioners have been
advised that to protect the proceeds against the effects of
inflation and to provide a better return on the investments, the.
net proceeds should be invested in various securities which will
- 3 -
generate a higher yieldwnUe still providing reasonable security
and protection.
8. In order to allow for the investment of the net
proceeds in various securities which will better meet the
financial objectives that are in the best interests of Tabitha
Gensler and ,Josiah Gensler than simply investing the money in an
insured bank account, Petitioners request that Dennis Lebo be
appointed as the guardian of the personal estates with respect to
the above net proceeds to be paid for the benefit of Tabitha
Gensler and Josiah Gensler.
9. Dennis Lebo is 40 years old, resides at 514 North West
Street, Carlisle, PA 17013, is not a parent of either Tabitha
Gensler or Josiah Gensler and otherwise does not fall within any
of the prohibitions for guardianship set forth in 20 Pa.C.S.A.
65112.
10. Dennis Lebo does not have any interest adverse to that
of Tabitha Gensler and Josiah Gensler.
11. Dennis Lebo meets the preference consideration set
forth within 20 Pa. C.S.A. 65113 in that he is of the same
religious persuasion as Brent A. and Ellen M. W. Gensler, the
parents and natural guardians of Tabitha Gensler and Josiah
Gensler.
- 4 -
.
12. Dennis Lebo consents to his appointment as guardian. A
copy of Dennis Lebo's written consent and statement ("Dennis
Lebo's Consent") pursuant to Local Orphans' Court Rule 12.5.2 is
attached hereto as Exhibit "B". Dennis Lebo has a close personal
relationship with the Gensler family and evidenced his love and
concern for the Gensler children by taking care of Tabitha
Gensler and Josiah Gensler when their mother was in the hospital
following the accident which is the subject matter of this
litigation.
13. Dennis Lebo is a long-time business owner who is
knowledgeable about financial markets and investments, along with
the management of money. See Dennis Lebo's Consent at ~5.
14. The assets of the estates of Tabitha Gensler and Josiah
Gensler consist of the net insurance proceeds previously
described in this Petition,
15. If appointed as guardian of the personal estates of
Tabitha Gensler and Josiah Gensler with respect to the net
proceeds, Dennis Lebo will invest the net proceeds thorough the
Guardian Angel Financial Advisory, an affiliate of FMG Limited,
("Guardian Angel") a sole proprietorship owned and operated by
Michael L. O'Brien, a chartered financial consultant and will
monitor the performance of Guardian Angel. ~ Dennis Lebo's
Consent at ~6.
- 5 -
16. Guardian Angel provides professional investment
advisory and management service and has experience and knowledge
in the investment and management of financial portfolios for
,minors. Information relating to the qualifications of Guardian
Angel to invest the net proceeds for Tabitha Gensler and Josiah
Gensler is attached hereto as Exhibit "C."
17. Guardian Angel is a fully bonded and insured company.
~ Exhibit "C" at Appendix "D," If permitted to serve as the
investment advisor and manager for the net proceeds, Mr. Lebo
will work with Guardian Angel to invest the net proceeds in a
financially prudent manner considering the ages of the Gensler
children and the investment objectives. A copy of Guardian
Angel's proposed recommendation for investing the net proceeds is
attached at Appendix "G" to Exhibit "C,"
18, Petitioners further petition the Court to dispense with
the requirement of a bond or in the alternative to allow the
guardian of the personal estate to file a bond without surety, as
the Court is authorized to do so pursuant to 20 Pa, C.B.A.
!iS122 (d) .
19. A bond is not necessary in the instant situation
because Dennis Lebo is financially solvent, and will invest the
net proceeds through Guardian Angel and based on their advice,
which company is bonded and has liability insurance. Mr. Lebo
- 6 -
will agree to advise the Court in advance and seek Court approval
before making any change in circumstances where the management of
the funds would be changed in a manner where there would not be
similar bond and liability protection through the investment
manager of the funds.
20. Guardian Angel is fully bonded and insured beyond the
value of the personal estates proposed to be invested on behalf
of Tabitha Gensler and Josiah Gensler. ~ Appendix "0" to
Exhibit "C."
21. The requirement of a surety under the present
circumstances is not in the best interests of the minor
children's estates because the cost of purchasing a bond with
surety for Dennis Lebo would be paid from the funds received on
behalf of the minors. This additional ~xpense is not justified
since Mr. Lebo is financially solvent and Guardian Angel is
bonded and has liability inourance.
WHEREFORE, Petitioners respectfully request that this Court
appoint Dennis Lebo as the guardian of the personal estates of
Tabitha Gensler and Josiah Gensler with respect to the net
insurance proceeds from Erie Insurance Exchange, and the
underinsured payments from Nationwide Insurance Company.
Petitioners further request the Court to dispense with the
- 7 -
1. l'laintiffs, Brent A. Gensler and Ellen M. W. Gensler,
are husband and wife residing at 2267 Newville Road, Carlisle,
Pennsylvania 17013.
2. Said Plaintiffs are the parents and natural guardians
of Plaintiffs Tabitha Gensler and Josiah Gensler. They also were
the parents of Gloria Gensler, deceased, Plaintiff, Brent A.
Gensler, is the administrator of the estate of Gloria Gensler,
deceased.
3. Defendants, Leon D. Myers and Gloria E, Myers, are
husband and wife with a place of business at 2817 Ritner Highway,
Carlisle, Pennsylvania. One or both of the Defendants Myers were
doing business as Myers Welding and Supply Service on May 27,
1992,
4. Defendant, Paula. Dyarman, Jr., is an adult individual
residing at 30 Oaklawn Drive, Shippensburg, Pennsylvania 17257.
On May 27, 1992, he was employed and acting in the course and
scope of his employment with Myers Welding and Supply Service,
5. The present action arises out of a tragic motor vehicle
collision that occurred on May 27, 1992, in the Borough of
Carlisle at the intersection of the Ritner Highway (Route 11) and
Allen Road (Route 465). Plaintiff, Ellen Gensler, was operating
her 1976 AMC Hornet northbound on Allen Road and approaching the
intersection with Route 11. Defendant, PaulO. Dyarman, was
. 2 .
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operating a 1965 Ford custom truck westerly on the Ritner Highway
and approaching the intersection with Allen Road. Tabitha,
Josiah and Gloria Gensler were passengers in the vehicle driven
by Mrs. Gensler. Mrs. Gensler and her children were restrained
in seatbelts and car seats. As Ellen Gensler was crossing the
intersection, her auto was struck on the right side by the truck
being driven by Defendant Dyarman,
6. As a result of the collision, Gloria Gensler suffered
fatal injuries and was pronounced dead at the scene by the
Cumberland County Coroner, Michael Norris. Ellen Gensler, who
was several months pregnant at the time, suffered critical
injuries and was life flighted to the Hershey Medical Center,
together with her son, Josiah Gensler, who was also seriously
injured. Her daughter, Tabitha Gensler, also suffered serious
injuries and was originally taken to the Carlisle Hospital and
then life flighted to the Hershey Medical Center.
7. Defendants, Leon D. Myers, Gloria E. Myers, and Myers
Welding and Supply Service had a Pioneer Commercial Auto policy
issued by Erie Insurance Exchange that provided liability
coverage for the 1965 Ford truck involved in the collision. That
policy provided liability protection limits for bodily injury of
$500,000 per person with an overall maximum of $1,000,000 per
accident.
- 3 -
8. Defendants Myers and Myers Welding and supply Company
did not have any other insurance policies that would provide any
other liability coverage for thiscollinion.
9. Defendant, PaulO. Dyarman, Jr., the driver of the
vehicle at the time of the collision, had an auto policy with
Nationwide Insurance Company covering his personal automobiles.
That policy, however, had an exclusion which excluded coverage
while he was operating a third party's vehicle that was used in a
business or occupation. The Nationwide policy issued to
Defendant Dyarman does not provide any coverage with respect to
the collision of May 27, 1992.
10. Without admitting liability, Erie Insurance Exchange
has tendered the $1,000,000 policy limits available under ita
policy in exchange for a general release from Plaintiffs to
Defendants and subject to court approval of the settlement.
11. Plaintiffs have agreed to accept a settlement based on
payment of the policy limits and the allocation of proceeds as
set forth below, subject to court approval of the settlement.
12. Plaintiffs' vehicle was also insured by Nationwide
Insurance Company. Nationwide has consented to this settlement
thereby preserving Plaintiffs' underinsured claims under the
Nationwide policy. Nationwide has also tendered the
$50,000/$100,000 limits of underinsured motorists coverage under
. 4 -
the policy iSllued to the Genslerscovering the 1976 MC Hornet
being driven by Mrs, Gensler at the time of the ace ident.
13. Plaintiff, Ellen Gensler, suffered severe multiple
trauma. She suffered closed head injuries, a pelvic fracture,
and a right femur fracture. She had a large hematoma on the
right front temporal region. She has several large hematomas in
the left basal-ganglia region. She had diffuse multiple inter-
parenchymal hemorrhage. She was eighteen to twenty weeks
pregnant at admission.
14. Mrs. Gensler was unresponsive to verbal commands or
stimuli for many weeks and was on a ventilator and had a
tracheotomy and a feeding tube. She was on the ventilator for
three weeks. She had the feeding tube and tracheotomy for seven
months. She was discharged from the University Hospital to the
University Rehab Center on June 22, 1992. She went from the
Rehab Center back to the hospital on October 25, 1992, for
induction of labor and the birth of her child who was born on
that day. 'I'he child was named Lydia Gensler. She then returned
to the rehab unit with hor new daughter. She was discharged from
the rehab unit on December lB, 1992.
15. In the Rehab Center, Mrs. Gensler received speech
therapy, physical therapy, occupational therapy, and rehab
therapy. In rehab, she was unable initially to communicate
- 5 -
either orally or with gestures. Gradually, her ability to
communicate improved. At the time of discharge, she had sub-
stantial physical and neurological impairment, From discharge to
the present, she has continued to make progress, She is mentally
competent and capable of caring for herself and her children with
the assistance of her husband, Brent Gensler. Despite her
remarkable improvement, however., she has suffered permanent
neurological and physical impairment as a result of the tragic
collision. Although her claim is worth substantially more, the
maximum available under the Erie Insurance policy for her claim
is $500,000.
16. Tabitha Gensler was two years old at the time of the
collision, having been born on August 2, 1989. She was admitted
on the day of the accident and remained hospitalized until June
8, 1992. She suffered a compound comminuted open left frontal
skull fracture with dural and brain laceration, A left front
craniotomy with debridement of necrotic brain, repair of dural
laceration and plating of the comminuted skull fracture was
performed on May 27, 1992. She also suffered a laceration near
her right knee. She was given Dilantin to prevent seizures and
wore a helmet to guard against the possibility of further damage
due to falls for about two months after the injury. Fortunately,
- 6 -
Tabitha has progressed well and appeara to be developing
normally. Her medical bills totaled $33,042.97.
17. Josiah Gensler was one year old at the time of the
collision, having been born on January 16, 1991. Josiah also
suffered serious injuries in the collision. He suffered closed
head injuries, facial lacerations, fractures of both bones in the
left lower forearm, fractures of both the fibula and tibia in the
right lower leg and injury to his liver, He was hospitalized
until June 4, 1992. His fractures appear to have healed in the
nOl'mal course. As of September 22, 1992, he did not appear to
have any clinical deformity and had full range of motion, The
prognosis is that he will develop normally in both the upper and
lower extremities. He otherwise appears to be normal, The
medical bills for his care and treatment totaled $13,890.96.
18. Gloria Gensler was four years old at the time of the
collision. She was pronounced dead at the scene. She was a
bright, curious child, Her parents, Brent and Ellen Gensler, had
a warm, loving relationship with her, They had a reasonable
expectation of much future enjoyment of Gloria's development had
she survived. They have suffered substantial damages within the
meaning of the wrongful death act. Likewise, Gloria's estate has
suffered a substantial loss as a result of her death for purposes
of a survival action.
- 7 -
\
1!l. Lydia Gensler, who was born on October 25, 1992,
seemingly was normal at birth and appeared to be developing
normally. Tragically, she died on January 3, 1993. The autopsy
did not find any connection between her death and the collision
of May 27, 1992, Plaintiffs, Brent and Ellen Gensler, have not
and do not intend to make any claims against Defendants as a
result of the death of Lydia Gensler.
20. The combined value of the claims for Tabitha Gensler,
Josiah Gensler, the wrongful death claims of Brent and Ellen
Gensler as a result of Gloria's death, and the survival action
claim on behalf of the estate of Gloria Gensler are far in excess
of the remaining $500,000 available under thp. Erie Insurance
policy that provided insurance coverage to Defendants.
21. Plaintiffs, with the advice of counsel, have decided
that the following apportionment of the $1,000,000 of total
insurance coverage, subject to the $500,000 individual limit, is
fair and equitable:
AMOUN'l:
1. To Ellen Gensler $500,000
2. To Tabitha Gensler 100,000
3. To Josiah Gensler 75,000
4. To Brent Gensler and Ellen Gensler
pursuant to the Wrongful Death Act
for the wrongful death of Gloria Gensler 275,000
- 8 -
27. Plaintiff, Brent Gensler as Administrator of the Estate
of Gloria Gensler, requests the Court to approve the allocation
of Underinsured Motorist Benefits with the total amount allocated
to the wrongful death and survival claims being $32,500. Of that
sum, Plaintiff further requests approval of the allocation of
$5,000 to the survival action and $2'7,500 to the wrongful death
actions. He further requests approval of the payment of the
wrongful death and survival action proceeds in a single sum
payable jointly to Brent and Ellen Gensler.
28. Plaintiffs have been represented in this matter by
McNees, Wallace & Nurick. McNees, Wallace & Nurick has agreed :0
represent the Plaintiffs based primarily on the standard hourly
billing rates for the personnel at the firm that are performing
the legal services in this matter, together with reimbursement
for expenses. The total legal fees incurred or estimated to be
incurred through the approval of the Petition are $18,000. Total
expenses incurred or to be incurred through the approval of the
Petition are estimated to be $5,500.00. Plaintiffs request
approval of the payment of total legal fees and expenses of up
to $23,500, with the legal fees and expenses allocated to each of
the claims as follows:
- 11 -
1,
Ellen Gensler claim
Tabitha Oensler claim
AMOUNT
$11,750,00
3,
4,
wrongful death claim
survival action
2,350,00
1,762.00
3,619,00
2.
Josiah Oensler claim
3.619.00
5.
'l'OTAL
$23,500,00
\
McNees, Wallace & Nurick will credit the amounts previoUsly paid
for legal fees and expenses toward the above amount of $23,500.
29. with respect to the net insurance proceedd proposed to
be paid on behalf of Tabitha and Josiah Gensler, plaintiffs are
filing a petition for the Appointment of Dennis Lebo as guardian
of the personal estates of Tabitha Gensler and Josiah Gensler,
and are requesting that the guardian be authorized to receive the
insurance proceeds directly from Erie Insurance Exchange and
Nationwide Insurance Company, to pay the attorneys fees and
expenses of McNees, Wallace & Nurick as to such claims and to
invest the bal,mce with Guardian Angel Financial Advisory as set
forth in said Petition.
;1
30. plaintiffs further request that:
(a) Brent A. Gensler, as Administrator of the
Estate of Gloria Gensler be authorized to execute a
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- 12 -
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VElRIFICATION
I verify 'that the ~tatements made inthe,foregoing,dooument
are true and oorreot to the best ,of my ~nowledge, information and
belief.' I understand that false statements are made subject to
the penalties of 18 Pa. C.S. 54904, relating to unsworn
falsification to authorities.
Brent A. Gensler,
"
Dated I June
1994 ,
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officer of any employee of any such Fiduciary, and I do not have
any interest adverse to Tabitha Gensler and Josiah Gensler,
4. I am of the same religious persuasion as Brent A, and
Ellen M. W, Gensler,
5. I have owned my own business for the past sixteen (16)
years, am knowledgeable about the management of money and
financial markets and investments, and am financially solvent,
6. If appointed as guardian of the personal estates of
Tabitha Gensler and Josiah Gensler with respect to the net
insurance proceeds, I will invest the net insurance proceeds
through the Guardian Angel Financial Advisory, an affiliate of
FMG Limited ("Guardian Angel"), a sole proprietorship owned and
operated by Michael L, O'Brien, a chartered financial consultant.
I am personally familiar with that company, since it manages some
of my investments.
7. If appointed, I will monitor the investments of the net
insurance proceeds by Guardian Angel in order to be sure that the
investment of these funds through Guardian Angel continues to be
in the best interests of Tabitha Gensler and Josiah Gensler,
8, If at any time I,feel a change in investment manager is
appropriate, I will make sure that the new investment manager has
insurance at least equal to that presently covering Guardian
Angel or I will advise the Court 'and seek Court approval before
- 2 -
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no. such ,inf;luranoe
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Denn s Lebo ",
June
30
1994
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,BEEE.BEN.CES
1, James N, Clymer . Client I Attorney
(717) 299-6283
2, Charles R, Gerow Client I Attorney
(717) 976-3636
3. James J, Kutz · Attorney
(717) 237-6024
4. Ronald L, Pearson Client IRepalr Technician Eastman Kodak
(717) 236-4730
6, Gerard E, Frailey Client I Computer Sales Executive
(717) 669-7367
6. John C, Traub Client I Retired Postmaster, Camp Hill
(717) 737-6321
7. Timothy M, Blosser Client I Entrepreneur
(717) 246-0268
, , 8, Joseph Ludes Client I Bank Trust Officer
(201) 208-9152
9. Richard Ranlch Client I Computer Company Executive
(613) 297-5784
10, Henry Bellis Client I Small Business Owner
(717) 732-7836
. Not a client, however, I worked with Attorney Kutz to assist a new client In
suing her former broker after I uncovered substantial NASD violations In her
records, The case resulted In a substantial recovery for our mutual client,
@
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"
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ACORD.
HlOMIII
Xar.h , MOLennaD,IDO.
CON'IR8 NO RIGHT8 UPON THI O!RTlflCATI OLDIII. TIU OE1HlflCATl!
DOES NOT AMEND, EXTEND OR Al.TElI THE OOVERAGe AffORDeo IV THe
I'OUOI!8Il!LOW.
COMPANIES AfFORDING COVERAGE!
~AHI A AXI!lRIOM INTBRNATIONAL INS.
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Iloqllr, Horqan , Oompany
100 Gal11ria Parkway
Buitl 11100
Atlanta, OA 30339
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INDlCA110, NOTWITHSTANDING N<< IlEQUI~INT, 'ItlIM Ofl CONDITION OF I>N( CONTRACT Of\ OTllSl OOCUl4INT WITH p,fSPlOT TO WHICH THIS
Cl;RTIFlCATE MAV II1$SUGDOfl MAV roITAlN. TI1l!lNSlIMN~ ,WORDliD SV n;e I'OUCIES DESCAIBeO HEREIN IS SUBJECT TO AU. THE TEMlS,
Il<CLUSIOHt ANO CONIlITIONS 01 SUCH POLICIES, UMITS SHOWN W.V tv..... UIN AIOU~D IV P~D CW!4S.
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seourities Bro sr/D.alerl. Brror and Omi sionG Li ility
$1,'00,000 Zao LOII/$3,OOO,OOO qqre9ate
-lJCIll Of -1OIt,\OCA11OHI,oWItC\I....-1T1Mt
svidlncinq oovera98 tor the oertifioate Holder
Michael L. O'Br~'n
C=L~I.Q6':t-\~~,u:.~~~~'lt~~~~I~i'~;~~~\~' 4 wtt~~U~
lHOU(O I>N( 01' THI...ovt DUCIIIBeO POUCIES all CANCILlAD IliFOAi TH&
EXPIRATION OoI.Ti THEIlEOf, THE ISSUING COMPNrV WIll. ENDEAI'DA TO
/MIL -.3..0 CA'18 W~mN NOTICE TO THe CMmlCATI HOUleI NMlEO TO THE
\.I,.,., M F~(1.IlE TO WJL SIJC/! !mIP s'Mt\.~bIo ~TlON OIl
LIAIIIUTY (#II>N( KINO UPON ~ ITS A08H11 OIl SENTATlVEI,
rlUlli<lA<IIll AIl"lllCNTATM
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.. I ~'" 10 .ItIl'Uo .nv dlll>uU, c101m or oonll.."1'/ ,hol m,ry orlll bot"".n mo ond ml linn, or · cullOm.', o. .nv Olhtt ~ltlOn. IhO' 111t<lUirtd
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Ind 1M ,..10M to! 1M 1.""lnolion Ih.....I. 1.10"0'1.,.1 hl,tbV "I.... IIch IUCh ,mplOY" .nd ...h I\lch ,'h., pl""n I,om .ny .1Id 11I1,.bH...
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,Ion II bolo. fIIld, 11\<1 tI 10 ...h~h I htltbV ....IY. .nl 'OCIul,,,,,"nl 01 plIO' nolll...llon. I undt<1l.nd Ihlll h"'. II11 ,~h1lb 'tQu"" complllo t-.l
lCCu~' dlKIOIU" bV lIJch 19'1IC'/.lu!ItdIcIIO" 0' o,..nlnllon of Ih. notu".1\<I OOOIlt 01 1M Itw'''lOI1lO" 'OCIUHltd,
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uOldtnund ,hOI u,",It lho I...t~ ,I \h. "",,I~ 11\<110' ,M rt'/u'oll,nll . 0' nil 10 .' ov bt dlnlld, tulll4ndl<l 01 ,,,01;0:1.
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i JIX 8
IN ADDITION, I HAVI TAKEN ""IIOI'IIIATI STEPS TO VERIFY THIITEMS AND AT'\'ACHMENT1l CONTAINED IN THIS A'P~ICATION,
THI ..."..O'II'ATl8IONATOIIY ,\lI!A ,\IV$reECOM'~'TEO ON IILL '. ~ 1:";:...,,,1 '" " ,01'10 VSI ONL ' -,-
INITI""" TIIIl.N.F'1I 011 AMINIlM!Nl FILINOS, "", ') ~~"''',,, ' I,'; ',", ,",'i" ,'.
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't NAM" Ofll ..v"~O'''IA1' alo'~,,,,tOi"''t'
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TOTAL P,(lo;
16546
Off/NITIONS ..
. Ch",,-" Acc~ltd 0'. ellml In .Iolmll eomplllnl.lnfOlmtllon, ollndlclm"'l.
. In,"IIII",IOf In,,,,","'I.II.I.I" ~ 'IrlI'nl", 10 "cu'"'", eommodllll.. wnkl"" INu"not. 0' ,.1 "UII UncllId'''', ....Ir>olllmlllld 10 'e1I~, U lit
bel", _"11d WI\h .lHoktt<lul." 'n""l.,,.nl con'lPlny,lnvtllmln' tdv'''', 'utul"lpOnlOI, WnIl,lIl1Vlnol encllQln ..,ocllllonl.
. In,oIvId" 001", In tel 01 .ldlne, .bllll"" ooUNIII"" COIM""ndlno, Induelno. cOlllolllno wllh or 1.lllno ,,,,olllbly IClIUPll'liII lnoth"ln del",,, .!!!.:.
22.... H.... yOU b"n convlc'td o' or pllld ",lilY 01 nolO GOnltndl.. I"no COMl","IIOI, HS NO
lit. lIlony or mlldfmflllOllnvolYlnol
1....l1m.nl1 or In Inv"'mt."'tllltd b~lln"l,
1,IUd, I.11I11111mtnll or 011I1111011I. '
J'Wl!In9f~1 Uk '" 01 P,oPlrlY Of
IlNlbtrv, fo",ry, oount'r1."~nt Of ....'0"104\1 ., I , . I . . I , , t . , . , . . . , , I . . . , i I I . . . , I I , I . . . I I I I . , .
t2t """11"1 , I . , , . . . I . , . I I . . . I I . . I I , . . . f I , . . . , . . . , . , , , , . I I , , . . . . . I , . I . . fl' I . . , . I .
("any other (tlonyt ,.... I . . , I , . , . . , t . . , , . , . , , , . , , . . . , , . , , , . . , . . , I , , . . , , , , . I . . , . . . .
H.... you. 01 .n ol~nlltllon 0"" which you I."clnd m.nl9l"'Inl 0' oollev conllol. tv" bHn cI\f,gtd with .ny 'Ilony 0<
chi with. mlld'tnt.nor u~clfltd In Q\.l,,'lon A{t) art2J? ,..,., . . , , . , . . . . , . . . . . . . . . I . I I I . . I I . f . .
HUlny 001I". ,w,1
UhnJolntd you In oonnt01k)n with anv '"vtnmenN.tattd aeth,l\y' . . . f f , . . . f . . f . . . . f . . . f f f f . . . . , . . I . I I
C 'ound thll ou WI" Inl'Olwd In I ~lol"lon ollnYlllmtnl<.ltttd IttlUlfl 01 I vii 10",/ , . . , , , , . . . . . , , . . . . . . . .
Hili'" U . IC\I,llIu'nd !.dllntf Co",million 01 Ihl ommodlty FVIV"I Tledl", CQmmllllon....,
C1) foynd you to h~. roadt I f.h, ".temen, 0' omlulon' . . . . . . . . . . . . . I I I I I . . . . , . , . . , . . I . . . . . I . . . . .
(2) found yov 10 hm bltn In.olvtd In I vlollllon 01 Inl'lllmln,."ltI" "iulttlonl or III,vII., . . . . , . . , . . , , . . . . . . . .
..,I'ou,,", you to hi" bun I "UIf of In 'nv.llmln"'""lfd bUlln... h.vlng 111 IUlhorlll,lon 10 do bu. In'" d.nl/ld, IVlP4ndtd,
ttvoktd. ot 'tUtlc'ed1 . . . . . fl' . . . . I . . . , . . . . . . . , . . . . . . . . . . . . . . I , . , . . . , . . I I , , . . . . . . I I
41.n,"td In o,d" d.n I . ,",pendln, 01 "vokln, you I ,,,IIII.llon 01 dl.clollntd you bV "n,lc,lr'O Y9"' 1<11vltltt' , , , ' . . ,
Hu.ny Olh', Ftdllfl 'IVUlflory I9IMY 01 Iny IItlf I~UltlOIY ".ncy tv,,1
111 found you 10 hlvl mid.. 'III.IltIt",.n, 01 omllllon 0' bun dl.honlll, un'II, 0' v",'hl,," .""""""."",
CZ)found YOu '0 h... blln 'nyolwd In I vlollllon o. InvUlm.nl "gullllonl v' IItlulul .,...""",...,.""."
1~1 louM you 10 hi" btln' ctult of In Inyu,mln'.II".d bulln... htvlng 111 IulhOrlltllon to do bu,lnl" dlnltd. IUIptndtd,
r'YOktd. or ,""Ict.en . . . . . . . , . . I . I , I . I , . . . , . , . . , f , . . . . . . ' I . . I . . . . . . . '0' I I I . f . I . . . . .
(4t ,",tttd." Old" tg.lnn yo" In conn.cUon wl\h Invtltmtn",eltUd .c1lvUv' .. I . I . . . . . I . . . . . fl' . . . , . . . I . I
(6Id'nild. tUIOlndtd, 0' 'tvoked you, ',gll\ltllOn 01 IICln.. 0' othl""l" 1>"l'Inltd you from '"OC~IIng with .n Inmlmtnl.
rtl.ttdbuJI"",.ordltclP'lntdyoUbv,"trktlnovootlctlvltifl1 . I...... '" I If'" I.... "1 I..........
I "voked 01 .u. ""td OU, I~nll 'I,n "'Oln' Iccounlln, 01 fld"II 'tc\oll , , . . . '. . , , . , ., ....,
" .ny It "...II'Ory olgln mlon 01 com~ltlu ,.c""nill ,
", found yew to hive mtd. I fIIM.u,.manl Ot oml..'on~ . , I . . , . . I I . . , . I , fl' . . . , . . . . , , \ , f . I . . . . , , , .
(2) found you to h.Vf bun InvolYtd In I vlolltkln of Ita NI..' I . . , . , . I . . . . fl' , . f . , , ,', I If. I . . , ~ , I . , , . . I
1311011nd you 10 ~.. Win IhI QtUII o'.n Inl'lllmlnl.IIIII<1 bullntlll hiving III .ulho,lcttlon 10 do bul'n", d.nltd,lU-"nded,
'tvOktdl Of '"\flt1td7 , . . f . . . . . , , , . f . . . . . . . , . . . . . . . . . . , , . . . . . . . . . . , . . . . . . . . . . . . . . f .
(4):;~~~;rc':1 YOUo~~ ~~I:~ ~ .'~'~~~~ ,y~~ ~'~~ .~':",~',I~I~, b.".'I,n~ ~', I,U~~~I~ ~o,u~ ~~~I~~ ~I,I~ ~ll, ~""bt~:
HtI .ny fOlll9n gowrnlll.nI. COUI1. r~ulllory ",nev, or "oI>.n91 MI 'MI"" In onW ."Inn you IIIf1td 10 in...lmtnlJ Of
f"ud1 . . . . , .. . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . ' . . .
.... yOll I",r tin 'hi I~bjtc' ol.n In'tI,mln"'Ilfltd, con.um",lni'i"", como/.lnt 01 O'ocHdl", 1"'11 ~-
IlhlllVtd CO<nPlnlflOry damlgll 01 110.000 or "'Ort, "f\ld,,, w,onv!ull.k1no 01 O/oOlrlY' . . . . . ' , . , , , , . , . . . . . . .
2 \ll1lttl 01 d.clded tgOln" YO~ 101 U.OOO 0' mo'e, 0' I""nd Irlud 01 'ht ...o",Iul liking 01 ~nYI , , . . , . . . ,
~~~~~. ~ ~h~ ~~~'.C1. ~f. ..n~ ~~I~I~~ ~n~..It,IO,'~I~"., ~: ~~~l~. ~h;t. c.o;'.d .'~~I.t !~ ~ ~~t:.. '.;~~ ~~ ~~~ ~~, ~t .t~~
Has. bondl oomp.nv denll!'d paid ou, on. 6' rtvokfd . bohd fo, 'lour .............................,..
Do 0f.I hM In UMIllafltd Jvd9"f'fntl 0' IItn. I Inl1 YOu' . . . . . . . . , , . . . . . . . . . . . . . . . . . . . , , ., .....,.
... YOII or. I,", 'hi' you ,.tlC lid ""lIIgtm,n, or polley con\lOI 0"', Of ownld 1011 01 mo" 01 'hi IswII,ltI 0 . I. led In
bu.lntll ",ldl I comOloml.. wl,h c,tdlloll fIIld I b,nk"'olcy OIllIlon 01 b"n dIGIti" b.nkrUIll' .,.,." , , , , , , , . . .
Hu I blok'r 01 dtll" 111m Ihfl you "".It.d ""noQ''''In, 01 oollcy con"ol 0"', 01 OW"'" lOll or mofl 0 '''' 1I~~,"I" 01,
bun d'e~,td lunklup,. hed . \fUll" .ppoln," undt, .hl S,cuIIII" In""OI P,oltellon Act, 0' hid I dll"l poY...."' p,octdUIt
~It"ttd' I..'.'...,.,........."....,.......,............................f.~
H... yoU W.n dilc/\tlgtd or PI,mlntd 10 '"'g" btc.tUIt you ...11 Icculld 01,
(II viol"ln, Inv..tlllln\'flltted 1\l1UI", rf9ul.t1on., rulfl. 0' Ind~lIry 11'n(llrdl 01 conduCl' , , . , , , , . . , . . . , . . , . . . . , ~
(~~ fttVd Of 'h' wrOrl9'ul t.lelnt of p,opt,tv7 ..., t . . . . . , . . . . . . . . . . f . I . . . , , . . . . . , . , . . . . . . . . . . . .
I~) lalluII to IUPll'lllIln conn'e1lon with InVlllml,.,.,II.I,d 111lultl, r1iulfllonl, lul" ollll\lullry lI.ndt/dl of eonductl , . . . ,
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Thl looll"nl .1Id lOiltoPllm .ignllOI
tlNLI$$lhh 019. II btln91ubml\l
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~
Speolflo Reoommendatlone for
Gensler Children
, Tabitha
Joshua
$100K
76K
$176K
Tabitha Joshua
10% Cash $ 10,000 $ 7,600 Tax-Free Money
Market Fund
30% limited Maturity 30,000 22,500 PA LM Munl Bond Fund
Munl Bonds
I 20% Global Bond 20,000, 15,000 Global Gov't Bond Fund
I 30% Growth 30,000 22,500 1/3, 1/3, 1/3 - Pacific,
Emerging and Global
Growth Funds
I 5% Gold 5,000 3,750 Gold Share Mutual
Fund
I 5% Real Estate 6.000 3.76Q Real Estate Mutual
Fund
$100,000 $75,000
I Purohased via a (no front load, five year declining 12B.1 fee) tax deferred variable
annuity.
*
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CIRTxrICATI or SIRVICI
I, Delario M,' Lantz, Esquire, hereby certify that on this
J9th day of Ju1y, 1994, a true and correct copy of the foreg~ing
document was served by first-class, United States mail, postag~
prepaid, upon the following I
Timothy I, Mark, Esquire
CALDWELL & KEARNS
3631 North Front Street
Harrisburg, PA 17110
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l'lftltd O\'J\'HOH191,,^M
Rmud 11,1\%11 'OJ1^M
IN RE: Estates ofTABllliA GENSLER
and JOSIAH GENSLER; minor children
of ELLEN M,W. GENSLER and BRENT
A, GENSLER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
21-94-643 ORPHANS' COURT DIVISION
Q1~()ER OF COURT
AND NOW, this _l1_dIlY of ~~, 199Jupon considemtion of the within Petition
IInd upon motion of MARTS ON, DEARDORFF, WILLIAMS & OTTO,lIttomeys for ELLEN MW
GENSLER IInd BRENT A, GENSLER, Petitioners hcrein, it is ordered IInd decreed that said
Petitioners, as parents and natuia! guardillns of their minor children, TABITHA JOY GENSLER and
JOSIAH DANIEL GENSLER, arc hereby authorized to withdraw, and to continue to withdraw on
an annual basis hereafter, from the iaterest income generated on the respective savings accounts of
said minor children, such sums as shllll be sut11cient to PIlY in lhllthe amount of any federal, stllte
aad local taxes, including penalties and interest, generated thereon, the reasonable cost of tax return
,_:((pr,eparati~n therefor.lhe reft~oRRble eDit of heal4ll ~arQ ir\il~ranrQ JAd tl'ldll~lib~(l8 fap eauR ~f ui~
'1 1'1111"... ...I.lldl"'", clIId nil Olll"JUllt nqwal4e"thc.amaun~aiLLta.KCli: tn hI' ~PfhiY-L ll.... ,",v.:JlJ 6f
C~IlA, II.......... fttJRflel ettfrh..ulUIl1 Illul.Cfic.lo and t1c~s fer 8aeh ef !:aiil rAinQ..~I.~.-", Said
Petitioners arc lllrther authorized to withdraw from such accnled income of each of said minor
children in year 1997 funds in the alllount of $750,00 t(lr the purchase of a computer (total cost
$1,500,00) to be utilized jointly in the education of the said minor children, as well as funds in an
nmount sutl1cient to pay, on a pro ratll basis, the reasonable counsel fees incurred by Petitioners in
seeking the relief granted hereby, Said Petitioners arc authorized to withdraw from the principal and
IIccnled interest income on such accounts (upon maturation of ccrtilicates of dcposit), for immediate
deposit in one or more savings accollnts at the highest interest rate available in a separate hank,
building and loan association or savings and loallassocilltion in which the deposits are insured by
a federal government ngency, in accordance with the Court's Order at the above caption dated
August 19, 1994, and the foregoing, such stllns as shall be sutl1cient to prevent the halance of either
minor child in anyone such institution from exceeding the amollnt to which accounts arc insured
l )t././ by sllch federal government agency. \)JV~ crt \~y /JW_f2.. t-/l-1'WJ,~~ ';'1
t' }.~J, {,e-+Url'Ot~ BY TIlE COURT, / I
~"'Ik;t,...Q.. ,,~ahk,"tl\J-. (;},/" ,f
~ \I\~l.t \(v~r~~.AJl\ \ {/!...LJ. 1V
J ~' I A t, J.l f"" Edgllr B. Bayley, J.
,J:!- I ~!oVl. /, 'j I r
{7;1_'11 .'l., 11 _.11E j 11
(r.rl"J' OIft~ ,'. vV\,.x..
tA \~-ufI:J.Q j\ri.~}'I'\'.Q.!P
IN RE: Estates of TABITHA GENSLER
and JOSIAH GENSLER; minor children
of ELLEN M,W, GENSLER and BRENT
A. GENSLER
IN THE COURT or COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
21.94.643 ORPHANS' COURT DIVISION
PETITION FOR AUTHORIZA nON TO WITHDRAW FUNDS
,I
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition ofEl LEN M,W. GENSLER and BRENT A, GENSLER, by their attorneys,
MARTSON, DEARDORFF, WILLIAMS & OTTO, respectfully rcprcsr.nts as follows:
I. Thc Petitioncrs arc Ellen M,W, Gensler and Brent A. Gensler, adult individuals
residing at 2267 Newville Road, Carlisle, Pennsylvania,
2, The Petitioners are the parents and natural guardians of the above-captioned minor
children, Tabitha Joy Gensler, age seven (D,O,B, 8/2/89), and Josiah Daniel Gensler, age live
(D,O,B, 1/16/91),
1 No other guardian has bccn appointed for said minor children,
4, As the result of a settlement of claims with reference to an automobile accident, and
upon Petition tiled at the above caption by Petitioners through previous counsel, McNees, Wallace
and Nurick, this Court entercd an Ordcr dated August 19, 1994, a copy of which is attached hcreto
and made a part hereof as Exhibit" A",
5, The Order provided, iI/fer a!ia, that the sum of $1 07,650 payable to Tabitha Gensler
and the sum of$80,738 payable to Josiah Gensler be invested in one or more savings accounts at
the highest interest rate available, in the names of the respective minor children, in banks, building
and loan associations or savings and loan associations in which the deposits arc insured by a federal
govemment agency, as chosen by Petitioners, provided that the amount deposited in anyone or such
savings institutions shall not exceed the amount to which the accounts arc thus insured, and that
every such account shall contain a provision that no withdrawal can be made until the minor attains
his or her majority exccpt as authorized by II prior Order of Court,
6, Pursuant to the aforesaid Ordr.r, on or about October 13, 1994, Proof of Investment
(a copy of which is attached hereto and made a part hereof as Exhibit "B") was tiled with the Court
by Petitioners' previous counsel, verifying deposits in the name of Petitioners as guardians for the
respective minor children in Hllrris Savings Bank in the Clmount of $55,000,00 (for Tabitha) and
$27,500,00 (for Josiah), and in First Federal ofllarrisburg in the amount of $55,000,00 (for Tabitha)
and $55,000,00 (for Josiah),
7, Since the making of the rcstricted dcposits, Pctitioncrs arc intlmncd, and thcrcfore
aver, that Harris Savings Bank and First Fcdcral of Hurrisburg have mergcd, whercby the total
investment of Tabitha Genslcr in thc sutviving institution now excecds thc amount to which deposits
arc insurcd by the rclevant fedcml governmentugcncy,
8, Because the Order directing the accounts to bc established prohibits withdrawul from
the respective accounts until the minor childrcn attain legulmajority, Petitioners have been unable
to withdraw funds from thc accounts which now exceed the fedemlly insurcd umount in order that
they may protect their child's investmcnt by depositing such excess in a separate institution
othClwise in accordancc with the suid Order.
9, Becallse thc Order directing the accounts to be established prohibits withdrawal from
the rcspective accounts until the minor children attain legalmujority, Petitioners will be likewise
unable to withdraw funds horn the accounts that muy cxceed the federally insured amount in the
lbture, through growth of the investment or other conditions that muy urise, in order that they may
protect their children's investments by depositing such excess in sepurate institutions otherwise in
accordance with the said Order,
10, Since the making of thc restricted deposits, sume have gencruted substantial interest
income, the payment of which income has been duly reported by the paying institutions to the
relevant governmental taxing authorities, in the names und to the tax identification numbers of the
respective minor children,
11, Petitioners have consulted with tax advisors and have been advised that the
appropriate tax returns must be filed on behalf of the minor children, that taxes as determined
thereby must be paid, and that liability for the payment of such taxes is upon thc assets of the minOl'
children which generated same,
12, Petitioners have been further adviscd, that as parents and natural guardians of said
minor children, they have a t1duciary rcsponsibility to see thut the appropriate tax returns are
prepared and filed, and that the taxes due are paid from the relevant assets,
13, Because the Order directing the accounts to be established prohibits withdrawal from
the respective accounts until the minor children attain legal majority, Petitioners have been unable
to withdraw funds from the accounts in order that laxes, some of which arc now past due, as well
as any interest or penalties thereon and the reasonable cost of return preparation regarding same,
may be paid from the assets generating the income,
14, As the investments oCt he minor childrcn, already substantial in size, continue to grow
ovcr the ycars and gencmtc cven more substantial interest income, thc tax liabilities associated
therewith will likewise become even morc significant,
15, (11 light of the substantial il1wstmcl1ts set aside for the minor children, and the number
of years over which these investments will continue to grow significantly until these children reach
legal majority, Petitioners represent to the Court that it would be in the best interests of the minor
ehildren for them to withdraw certain other modest Slims, in addition to those necessal)' as described
above, from the minor children's respective aecollnts for application to the minor children's
respective basic health care, educational and clothing costs,
16, The minor children's basic health care expenses consist of health care insurance
premiums and deductible amounts,
17, The minor chiidren's basic educational (comprising home school curriculum
materials and field trips) and clothing expenscs arc generally consistent with the amount of tax
liability generated on their investments, whereby annual withdraws of like sums would provide
adequately for such needs,
18, The minor children's homo school education would be greatly supplemented and
enhanced by the purchase of a computer for their joint use, ntn one-time cost of $1 ,500,00,
19, Because the Order directing the accounts to be estnblished prohibits withdrawal from
the respective accounts until the minor children nttnin legnlmnjority, Petitioners have been unable
make withdrawals for the health cnre, educationnland clothing expenses described above,
20, Reasonable counsel fees will be incurred by Petitioners in the preparation, tiling and
presentation of this Petition to the Court,
21, The pursuit of the Petition is necesslllY in order to protect and enhance the
investments of the minnr children, and to promotc the best interests of said children,
22, As fiduciaries, it would be appropriate for Petitioners pny counsel fees incurred for
such purpose from the accounts which are thc subject thereof.
23. Because the Order directing the nccollnts to be established prohibits withdrawal from
the respective accounts until the minor children attain legal majority, Petitioners would be unable
to withdraw funds therefrom in order to pay sllch rcasonable counsel fees,
WHEREFORE, Petitioners pray this Honorable Court to issue an Order that said Petitioners,
as parents and natural guardians of their minor children, Tabitha Joy Gensler and Josiah Daniel
Gensler, arc hereby authorized to withdraw, and to continue to withdraw on an annual basis
hereafter, from the interest income generated on the respective savings accounts of said minor
children, such sums as shall be sutl1cicnt to pay in full the amount of any federal, state and local
taxes, including penalties and interest, generated thereon, the reasonable cost of tax return
preparation therefor, the reasonable cost of health care insul ance and deductibles for each of said
minor children, and an amount equal to the amount of said taxes to be applied to the costs of
clothing, home school curriculum materials and field trips for each of said minor children, Further,
that said Petitioners arc authorized to withdraw from such accmed income of each of said minor
children in year 1997 funds in the amount of $750,00 for the purchase of a computer (total cost
$1,500,00) to be utilized jointly in the education of the said minor children, as well as funds in an
amount sutl1cient to pay, on a pro rata basis, the reasonable counsel fees incurred by Petitioners in
seeking the relief granted hereby, And further, that said Petitioners arc authorized to withdraw from
the principal and accmed interest income on such nccounts (upon maturation of certificates of
deposit), for immediate deposit in one or more savings accounts at the highest interest rate available
in a separate bank, building and loan associntion or savings and loan association in which the
deposits arc insured by a federal government agency, in accordance with the Court's Order at the
above caption dated AUb'llst 19, 1994, and the foregoing, such sums as shall be sufficient to prevent
the balance of either minor child in anyone such institution from exceeding the amount to which
accounts arc insured by such federal government agcn,y,
Respectfully submitted,
MARTSON, DEARDORFF, WILLIAMS & OTTO
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5 _..~--- .,.( .' :..~ _. ....--.,. .' (''1."---
..- Stephen L. Bloom, Esquire
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Petitioners
Date: January 9, 1997
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exhibit A
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94.1385 CIVIL TERM
21.94.643 ORPHANS' COURT
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1. Settlement for the Erie Insurance Exchange polley limit of $1,000,000,
subject to the $500,000 Indlvldualllmlt, Is approved, as follows:
AMQY.tfi
To Ellen Gensler $ 500,000 "
To Tabitha Gensler $ 100,000
To Josiah Gensler $ 75,000
To Brent Gensler and
Ellen Gensler for the
wrongful death of
Gloria Gensler $ 275,000
To the Estate of
Gloria Gensler pursuant
to the Survival Act $ 60.000
TOTAL $1,000,000
2. Brent A. Gensler, as Administrator of the Estate of Gloria Gensler Is
authorized to execute a general release to defendants and their Insurer, Erie
Insurance Exchange.
S, Brent A. Gensler and Ellen M.W. Gensler, as parents and natural
guardians of Tabitha Gensler and Josiah Gensler, are authorized to execute general
releases to defendants and their Insurer, Erie Insurance Exchange, for the clalms on
behalf of Tabitha and Josiah Gensler.
4, Settlement for the $100,000 In total unoerlnsured motorist benefits from
Nationwide Insurance Company, subject to the $60,000 Individual limit, Is approved,
, as follows:
.2.
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94.1385 CIVIL TERM
21.94.643 ORPHANS' COURT
DENIED. The petition to appoint Dennis Lebo as the guardian of the estates of
Tabitha and Josiah Gensler, IS DENIED.
9. The proceeds payable to Tabitha Gensler and Josiah Gensler shall be
made by check requiring the endorsement of plaintiffs' counsel, Delano M. Lantz,
Esquire, Pursuant to Pa, Rule of Civil Procedure 2039(b)(2):
(a) The total net sum of $107,650 payable to Tabitha Gensler shall be
Invested BY PLAINTIFFS' COUNSEL In one or more saving accounts at the highest
Interest rate available IN THE NAME OF TABITHA GENSLER, BORN AUGUST 2,
1989 In banks, building and loan associations or savings and loan associations In
which the deposits are Insured by a federal government agency, as chosen by her
parents, provided that the amount deposited In anyone or such savings Institutions
shall not exceed the amount to which the accounts are thus Insured, Every such
account shall contaln a provision that, NO WITHDRAWAL CAN BE MADE UNTIL
THE MINOR AlTAINS HER MAJORITY EXCEPT AS AUTHORIZED BY A PRIOR
ORDER OF COURT.
(b) The total net sum of $80,738 payable to Josiah Gensler shall be,
Invested BY PLAINTIFFS' COUNSEL In one or more saving accounts at the highest
Interest rata available IN THE NAME OF JOSIAH GENSLER, BORN JANUARY 18,
1991 In banks, building and loan associations or savings and loan associations In
whloh the deposits are Insured by a federal government agency, as chosen by his
, parents, provided that the amount deposited In anyone or such savings Institutions
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