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Home My WebLink About96-00196 ': ,.' '.c,! . ""J'.... .~~;.~ " . , "~; ~(~i~];_;1~C~~:~\: '_ ~ ,_ .. . - ;"',-t, ;-41 " C. " ~ ,. ,;'. ,~~~>~:1" , " ,':' , \~-- IN RE: Justine E. Simmons, Mallyn 'c:t~.A. IN THE COURT OF COMMON PLEAS M. Simmons and Makenna t~t. . ~ CUMBERLAND CTY., PENNSYLVANIA C. Simmons, Minors ORPHANS' COURT DIVISION NO. ..:l1-9'(,. -19'10 ~ .)1 - <Jl . /<)(,.8 ORDER OF COURT AND NOW, this _I ~ day of _~(.\A uV presentation of the annexed Petition, and upon motion of Harry L. Bricker, Jr., It Is hereby , 1996, upon ordered and decreed as follows: 1. The executors of the Estate of Gloria J. Tittle, deceased are directed to pay the sum of $10,542.03 to Dauphin Deposit Bank & Trust Company with instructions to said Bank to deposit said sum In an account which Is to be opened in the name of Justine E. .Simmons whose social security number Is 563-8307211. The said Dauphin Deposit Bank & Trust Company Is directed to accept said deposit for said account and restrict withdrawals so that none can be made until the minor attains age 21 years which will be on December 23, 2005, except as authorized by further Order of Court. 2. The executors of the Estate of Gloria J. Tittle, deceased are directed to pay the sum of $10,542.02 to Dauphin Deposit Bank & Trust Company with Instructions to said Bank to deposit said sum in an account which Is to be opened In the name of Mallyn M. Simmons whose social security number is 554-93.6090. The said Dauphin Deposit Bank & Trust Company Is directed to accept said deposit for said account and restrict withdrawals so that none can be made until the minor attains age 21 years which will be on May 17, 2007, except as authorized by further Order of Court. 3. Dianne M. Simmons Is directed to execute a general release concerning the two above payments, which release shall run In favor of the Estate of Gloria J. Tittle, deceased, E. Scoll Tillie, Dianne M. Simmons, Harry L. Bricker, Jr., and Harry L. Bricker, Jr. as allorney for the estate. 4. When a social security number Is obtained for Makenna C. Simmons, and said number Is submitted to the two petitioners, the executors of the estate of Gloria J. Tittle are directed to pay the sum of $10,542.02 to Dauphin Deposit Bank & Trust Company with Instructions to said Bank to deposit said sum in an account which is to be opened In the name of Makenna C. Simmons whose social security number is to be established. The said Dauphin Deposit Bank & Trust Company is directed to accept said deposit for said account and restrict withdrawals so that none can be made until the minor allains age 21 years which will be on November 17, 2013. When that Is done, the said Dianne M. Simmons Is directed to execute a general release concerning this payment, which release shall run In favor of the Estate of Gloria J. Tittle, deceased, E. Scoll Tillie, Dianne M. Simmons, Harry L. Bricker, Jr., and Harry L. Bricker, Jr. as allorney for the estate. 5. The Court further authorizes the petitioners or any other person who so desires to deposit additional funds in any of said accounts if they choose to do so. BY THE COURT: ~\c~~~ J '. .' B. Mallyn M. Simmons resides with her mother at 73-266 Desert Lily, Palm Desert, CA 92260; social security number 554-93-6090 and her date of birth is May 17, 1986. C. Makenna C. Simmons resides with her mother at 73. 266 Desert Lily, Palm Desert, CA 92260; she has no social security number and her date of birth Is November 17, 1992. 3. The portion of the Last Will and Testament of Gloria J. Tittle which is of Interest and which concerns the three minor children Is stated as follows: "SECOND: I give, devise and bequeath all the rest, residue and remainder of my estate, be it real, personal and mixed, of whatever nature and wheresoever the same may be situate as follows: .., C. Forty percent (40%) thereof equally divided among the children of my daughter, Dianne M. Simmons, who are living at my death per capita and not per stirpes In accordance with Item III as hereinafter set forth." "THIRD: Should any of my grandchildren be age 21 years at my death, I give, devise and bequeath their share of my Estate as hereinabove referred to, to them absolutely. Should any of my grandchildren as referred to herein be less than age 21 years, I give, devise and bequeath their share In trust until the child or children attain the age of 21 years. Said Trust and Trustee shall have the following uses, purposes and authorities: ~~t.;~';':;'i~::":,,v-:,;:..~~:Ct;~t,~~;:,~:,~\'H~\~:5:~"'::}:t."'~~~'~~"~:;,':'~',i'j:~;~;'!tt~r"t~.,,,,,~~~~~~, ' ., ,. " " A. To use principle, as well as income from time to time for the grandchild's or grandchildren's education, support and welfare, or to make payments for these purposes without further responsibility of the said grandchild or grandchildren or to any persons taking care of said grandchild or grandchildren. B, To retain any or all of the assets of my estate, real or personal without regard to any principal of diversification, risk or productivity. C. To invest in all forms of property, Including stocks, common trust funds and mortgage investment funds, without restriction to Investments authorized for Pennsylvania fiduciaries, as they deem proper, without regard to any principal of diversification, risk or productivity, D. To sell at public or private sale, to exchange or lease for any period of time, any real or personal property and to give options for sales, exchanges or lease, for such prices and upon such terms or conditions as they deem proper, E. To collect and add to the trust all other sums of money and assets payable or made available by reason of my death. These assets include but are not limited to proceeds of life 3 " .. .. Insurance policies and Social Security benefits. F. As each grandchild allalns the age of 21 years, his share of the Trust shall terminate and distribution shall be made to said grandchild within 90 days following his 21st birthday. Should any grandchild die before allalnlng the age 21 years, his share of the Trust shall terminate and his share shall be distributed to the remaining Issue per capita." An examination of the dates of birth as stated hereinabove will show that all three children are less than age 21 years. 4. Your Petitioners have been advised, believe and therefore aver that the Court prefers that funds held for minors be deposited In a bank In Cumberland County, and hence have chosen Dauphin Deposit Bank & Trust Company as the depository for said funds. 5. The funds to be distributed and then deposited to the credit of said three minor children are in the amounts of $10,542.03 for Justine E. Simmons; $10,542.02 for Mallyn M. Simmons; and $10,542.02 for Makenna C. Simmons. 6. An Accounting for Purposes of Distribution to Minors is allached hereto, made a part hereof and marked Exhibit A, and the suggested distribution as shown on the fifth page thereof is Incorporated Into this paragraph. 7. No Guardian has been appointed In the past to manage any of the minors' assets and the said Dauphin Deposit Bank & Trust has no adverse Interest to the minors 4 " nor to the minors' Interests. A Joinder as executed by Dauphin Deposit Bank & Trust Company Is attached hereto and made a part hereol and marked Exhibit B. WHEREFORE, your Petitioners respectfully pray your Honorable Court to Issue an Order as lollows: A. Direct the executors of the Estate 01 Gloria J. Tittle, deceased, to pay the sum 01 $10,542.03 to Dauphin Deposit Bank & Trust Company with Instructions to said Bank to deposit said sum in an account which is to be opened in the name 01 Justine E. Simmons whose social security number is 563-83-7211. The said Dauphin Deposit Bank & Trust Company Is directed to accept said deposit lor said account and restrict withdrawals so that none can be made until the minor attains age 21 years which will be on December 23, 2005, except as authorized by further Order of Court. B. Direct the said Dianne M. Simmons to execute a general release concerning the above-stated payment, which release shall run in lavor 01 the Estate 01 Gloria J. Tittle, deceased, the personal representatives of said Estate, E. Scott Tittle, Dianne M. Simmons, and Harry L. Bricker, Jr. and Harry L. Bricker, Jr. as attorney lor the estate. C. Direct the executors 01 the Estate of Gloria J. Tittle, deceased to pay the sum of $10,542.02 to Dauphin Deposit Bank & Trust Company with Instructions to said Bank 10 deposit said sum In an account 5 " " " which Is to be opened In the name of Mallyn M. Simmons whose social security number Is 554-93-6090. The said Dauphin Deposit Bank & Trust Company Is directed to accept said deposit for said account and restrict withdrawals so that none can be made until the minor attains age 21 years which will be on May 17, 2007, except as authorized by further Order of Court, D. Direct the said Dianne M. Simmons to execute a general release concerning the above-stated payment, which rlease shall run in favor of the Estate of Gloria J. Tittle, deceased, the personal representatives of said Estate, E. Scoll Tittle, Dianne M. Simmons, and Harry L. Bricker, Jr. and Harry L. Bricker, Jr. as attorney for the estate. E. Direct the executors of the Estate of Gloria J. Tittle, deceased to pay the sum of $10,542.02 to Dauphin Deposit Bank & Trust Company with Instructions to said Bank to deposit said sum In an account which Is to be opened in the name of Makenna C. Simmons when a social security number is obtained for the said Makenna C. Simmons. The said Dauphin Deposll Bank & Trust Company is directed to accept said deposit for said account and restrict withdrawals so that none can be made until the minor attains age 21 years which will be on November 17, 2013. F. Direct the said Dianne M. Simmons to execute a general release concerning the above-stated payment, which release shall run 6 " " .' In favor of the Estate of Gloria J. Tittle, deceased, the personal representatives of said Estate, E. Scoll Tillie, Dianne M. Simmons, and Harry L. Bricker, Jr. and Harry L. Bricker, Jr. as allorney for the estate. G. Authorize your Petitioners or any other person who so desires to deposit additional funds in any of said three accounts If they choose to do so. ~~~ E. Scoll l\tle ::~g~ ~ A", We, E. Scoll Tittle and Harry L. Bricker, Jr.., hereby verify that the facts set forth In the foregoing Petition are true and correct to the best of our knowledge, Information and belief. We understand that false statements herein subject us to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. ll({rtf~ ~Oll Tillie Ha:?;IG~\~~ '- -J Date~ '0 ., ~ , \. ~ "\ Co 7 " " ESTATE OF GLORIA J. TITTLE, DECEASED In the Court of Common Pleas Cumberland County, Pennsylvania Orphans' Court Division No. 1994-00408 ACCOUNTING FOR PURPOSES OF DISTRIBUTION TO MINORS. Assets Real Estate Brighton Place Condominium, 536 Brighton Place, Upper Allen Township, Cumberland County, PA Personalty Merrill Lynch Account No. 872-37291 as maintained by Merrill Lynch Consumer Markets, 214 Senate Avenue, Suite 501, Camp Hill, PA 17011 Saab automobile Sale of household goods by Ensminger Auctioneers Personal property distributed In kind Mellon Bank Account No. 182.112-2239 Dauphin Deposit Bank & Trust Company Checking Account No. 0086064002 F.F.C.A. stock (10 units @ $383.00/unit) Totsl: Exhibit "A" $110,336.83 $ 58,428.35 $ 15,250.00 $ 2,448.50 $ 4,962.02 $ 639.40 $ 1,209.96 $ 3.830,00 $197,105.06 '. '. . . '. . .' Debts Nelli Funeral Home, Inc., 3401 Market Street, Camp Hili, PA 17011 $ 7,495.00 Harry L. Bricker, Jr., Esquire, 407 North Front Street, Harrisburg, PA 17101 $ 4,475.07 Register of Wills. probate of will $ 270.00 Bell Atlantic of PA - debt of decedent $ 244.00 General Waterworks' debt of decedent $ 46.73 Agway Energey Products. debt of decedent $ 48.44 AT&T Universal Master Card. debt of decedent $ 47.78 Waste Management. debt of decedent $ 38.10 Uptown Cardiology Associates. debt of decedent $ 35.00 Patchin Family Dentistry. debt of decedent $ 72.00 lonni Abstract - title search $ 39.00 United Parcel Service' postage $ 8.54 Cumberland Law Journal. advertising estate $ 40.00 The Sentinel - advertising estate $ 108.99 Sammons Communications' debt of decedent $ 5.44 Robert Ensminger Appraisers - real and personal property appraisal $ 525.00 Cardiac Graphics, Ltd. . debt of decedent $ 17.38 Assoc. to Reconstructive Surgery. debt of decedent $ 15.44 POlyclinic Medical Center. debt of decedent $ 451.80 Upper Allen Township - water/sewer $ 141.66 _Ai,,~'. pebtl (continued' Page 2 01 3) Merr\ll Lynch Credit Corp. . mortgage payment $ 1,129.76 Neurological surgery LId. . debt 01 decedent $ 353.44 polyclinic Medical Center' debt 01 decedent $ 84.38 Susquehanna Township E.M.S. . debt 01 decedent $ 36.54 General Waterworks' debt 01 decedent $ 37.81 Merr\ll Lynch Credit Corp. . mortgage payment $ 565.63 Bell Atlantic - debt 01 decedent $ 73.66 Merrill Lynch Credit Corp. . mortgage payment $ 598.47 Merrill Lynch Credit Corp. . mortgage payment $ 565.63 Proclean _ carpet cleaning prior to sale 01 real estate $ 95.35 PP&L - debt 01 decedent $ 586.72 Register 01 Wills. short certificate $ 3.00 Merr\ll Lynch Credit Cop. . mortgage payment $ 1,204.23 General Waterworks, debt 01 decedent $ 28.88 Harry L. Bricker, Jr. . debt 01 decedent $ 97.00 Merr\ll Lynch Credit Corp. - mortgage payment $ 632.93 Merrill Lynch Credit Corp. . mortgage payment $ 639.71 pp&L . debt 01 decedent $ 75.21 General Waterworks - debt 01 decedent $ 28.82 Housecleaning by Cher Berlin - cleaning 01 house prior to sale 01 real estate $ 20.00 Lee Cannella Accounting Services . preparation 01 1993 Federal and State Income Taxes $ 225.00 '. . . , . Debts (Continued. Page 3 of 3) Upper Allen Township. water/sewer $ 146.19 Kemper National Insurance Companies $ 20.00 Merrill Lynch Credit Corp. . mortgage payment $ 605.99 Brighton Place' Condominium Association (condo. fees, special assessment fee and 1995 monthly fee through April, 1995) $ 1,127.20 PP&L . debt of decedent $ 249.38 Upper Allen Township. water/sewer $ 68.75 Merrill Lynch Credit Corp. . mortgage payment $ 670.92 PP&L - debt of decedent $ 117.75 Andy Wolfel - reimbursement of security deposit, less renUbllls $ 442.25 $ 1,360.80 $ 72.08 $ 35.85 $ 22.26 $ 856.97 Marlin A. Yohn - 1994/95 Real Estate Taxes PP&L - debt of decedent General Waterworks. debt of decedent Proclean - carpet cleaning Auctioneer's commission Merrill Lynch Credit Corp. . mortgage payoff at settlement of sale of real estate known and numbered as 563 Brighton Place, Mechanicsburg, P A 17055 $ 7,286.20 Settlement charges regarding sale of real estate known and numbered at 563 Brighton Place, Mechanlcsburg, PA 17055 $74,167.44 Adjustment In liquidation of assets held in Merrill Lynch account $ 3,309.29 Inheritance Tax paid $ 6,270.00 1994 Federal Income Tax $ 1.601.92 Totsl: $119,638.78 '. .' .0 RECAPITULATION Balance: $197,105.06 ~119.638.78 $ 77,466.28 Total Alletl: Total Liabilities: Tax paId on Jointly-held assets, which assets were In the amount of $26,648.56, which tax was paid In the amount of 6%: S 1.598.91 $ 79,065.19 NET BALANCE FOR DISTRIBUTION: Net balance for distribution to minor grandchildren ss referred to In Item Second (C) of the Lsst Will snd Testament of Glorls J. TIttle (40%) I. 31.626.07 Suaaested distrIbution to minor arandchlldren (a) Justine E. Simmons, Social Security No. 563-83-7211, d.o.b. 12/23/84 $ 10,542.03 (b) Mallyn M. Simmons, Social Security No. 554-93-6090, d.o.b. 05/17/86 $ 10,542.02 (c) Makenna C. Simmons, Social Security No, . d.o.b. 11/17/92 $ 10,542.02 . . . IN RE: Justine E. Simmons, Mallyn M. Simmons and Makenna C. Simmons, IN THE COURT OF COMMON PLEAS CUMBERLAND CTY., PENNSYLVANIA ORPHANS' COURT DIVISION NO. Minors JOINDER 1. I am Charles H. Faust, an adult individual and Senior Vice President and Trust Officer with Dauphin Deposit Bank & Trust Company. 2. I have read the annexed Petition and the proposed Order of Court. 3. I join in the prayer of said Petition and here state that Dauphin Deposit Bank & Trust Company hereby consents to accept the funds as stated with the restrictions in accordance with the Petition; further however, we may only accept the funds presently for the two minors who now have Social Security numbers. Accordingly, and until the third child, Makenna C. Simmons, is granted a Social Security number, Dauphin Deposit Bank & Trust Company is not in a position to accept funds for said minor child. 4. The said Dauphin Deposit Bank & Trust Company has no Interest in these proceedings adverse to the minor children. 5. The facts set forth in the foregoing Petition are true and correct insofar as affiant has personal knowledge thereof; and are otherwise true and correct according to his information and belief. Date: R4/----J .17'7tf. / 4;;-~ y. d1/~~ Charles H. Faust, Sr. Vice President and Trust Officer Exhibit "B" ;1 ~m l. tJ~. 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