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HomeMy WebLinkAbout09-20-07 IN RE: ESTATE OF VINCENT MICHAEL CHANDLER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA a mmor, : ORPHANS' COURT DIVISION : DOCKET NO. ~'-01-5351 , '___.J ERIC C. CHANDLER, , ,..'" , .' ~ :'-.:; Petitioner c ~\:~ , c,) PETITION FOR ACCOUNTING OF MINOR'S ESTATE AND PETITION--tO PA~ MINOR'S ESTATE TO NATURAL GUARDIAN PURSUANT TO 20 Pa. C.S.A. ~51fHl AND NOW, comes the Petitioner, Eric C. Chandler, by and through his attorneys, Cunningham & Chernicoff, P.C., who hereby files the Instant Petition for Accounting of Minor's Estate and Petition to Pay Minor's Estate to Natural Guardian pursuant to 20 Pa. C.S.A. 95101 and support thereof avers as follows: 1. Vincent Michael Chandler (the "Minor Child"), is the minor child of Petitioner, Eric C. Chandler ("Petitioner") and Kristin 1. Podolski (the "Mother"), the latter of whom is deceased. 2. The Minor Child is under the age of fourteen (14) years, having been born on November 10, 2000. 3. The Minor Child resides with Petitioner. 4. As a result of the death of the Minor Child's Mother, it is believed that the Minor Child should receive assets, having a total value of less than $25,000.00. 5. Petitioner maintains sole legal and physical custody of the Minor Child. A true and correct copy of an Order dated June 8, 2007 by the Honorable Judge Guido granting Petitioner all custodial rights to the Minor Child is attached hereto as Exhibit "A" and is incorporated herein by reference. 6. Subsequent to the Mother's death, the Maternal Grandmother, Melinda M. Edwards, purported to create a fund seeking memorial contributions for the welfare of the Minor Child which were to be sent directly to Melinda M. Edwards, 1930 State Street, Harrisburg, Pennsylvania 17103. A true and correct copy of the published obituary of the Mother seeking the memorial contributions to be sent to Melinda M. Edwards is attached hereto as Exhibit "B" and is incorporated herein by reference. 7. As of the date of this filing of the Petition, neither the Minor Child nor Petitioner, the Minor Child's sole guardian, have seen any funds out of the memorial contributions nor has an accounting been delivered to the same. 8. The Minor Child has no other Estate or interest in any other Estate or Trust. 9. Petitioner seeks an accounting of the memorial contributions, purportedly being held for the benefit of the Minor Child, in the care of Melinda M. Edwards, 1930 State Street, Harrisburg, Pennsylvania 17103. WHEREFORE, Petitioner, Eric C. Chandler, the Father and Natural Guardian of the Minor Child, Vincent Michael Chandler, hereby respectfully requests that this Honorable Court authorize distribution of the assets due to the Minor Child from the Estate of Kristin J. Podolski, deceased, to Eric C. Chandler, the Minor Child's Natural Guardian without the appointment of a Guardian of the Estate of the Minor or the entry of any security, with such assets to be deposited into an interest-bearing savings account in the name of the Minor Child and marked "not to be withdrawn before November 10, 2018, except for the payment of state and federal income taxes on the interest earned by the account or on further Order of the Court." Petitioner further requests that this Honorable Court require the Minor Child's Maternal Grandmother, Melinda M. Edwards, to submit a full and detailed accounting to the Court of all memorial contributions collected on behalf of the Minor Child. Petitioner further requests that this Honorable Court require Melinda M. Edwards, to distribute all such memorial contributions to the aforementioned savings account. Finally, Petitioner requests that this Honorable Court grant him such further relief as is just and proper. Respectfully s~fJmitted, / Date: September 19,2007 By: . Knig J.D. # 7365 2320 North Second treet P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 F :\Home\KKNIGHTIDOCS\Chandler\Custody\Petition. wpd VERIFICA TION I veritY that the statements made in the foregoing PETITION FOR ACCOU~TING OF MH\'OR'S ESTATE AND PETITION TO PAY MINOR'S ESTATE TO NATURAL GUARDIAN PURSUANT TO 20 Pa. e.S.A. ~5101 are true and correct. 1 understand that tajs~ statements herein arc made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn l'alsi fication to authorities. k i. )J~~ 'fric c. Chandler -. Date: rt '1 J~ 7 / (/> 7 # EXHIBIT 'A' ; J':N J '7 2007 ,;(; ERIC C. CHA:\DLER. Pbintitf Peritiuner C\ THE COCRT OF COivCvro~ PLE\S OF CC\fBERL\:\D COC:-;TY. PE\0;SYL V.\SL\ v. 0:0. 01-7051 KRISTIN J. PODOLSKI. Defendant! Respondent CIVIL ACTIO~ - LA W m CCSTODY ORDER ~ ..,;J" .\ND :-iOW. this Y" day uf ~ ' 2007, upon consideration of Plaintiff Movant's \Iotion tor Final Custody Or er, it is hereby ordered and decreed that sole legal and physical custody uf the \linor Child, Vincent \fichael Chandler, tormerly knO\vn as Vincent ~\[ichad Podolski, shall be enjoyed by Father, Eric C. Chandler. J. . ~ ~.4./ J EXHIBIT 'B' I Press and Journal .. ,/' ,AI i. ! ..' ,i ." .. _ _. .......'-:., ,.- Page 1 of :<risti n Podolski Kristin J. Podolski, 30, of Camp Hill, entered into eternal rest on Thursday, February 15, at Harrisburg Hospital. She was of the Protestant faith and enjoyed camping and fishing. She is survived by her two children Vincent M. and Julianne V. Podolski, both at home; her mother and stepfather Melinda M. and Frank V. Edwards of Harrisburg; her father George V. Podolski of Florida: brother Vincent, husband of Andrea L. Heath Podolski of Myerstown; stepsister Stephanie, wife of John Noll of Lebanon; her fiancee Joshua Landis of Mechanicsburg; nephew Aidan Podolski; and two nieces Ariana and Isabella Podolski. A Tribute to her life will be held at 8 p.m. Wednesday, February 21 at the Frank E. Matinchek and Daughter Funeral Home and Cremation Services, Inc., 260 E. Main St. Middletown. Burial will be at the convenience of the family. Viewing will be from 6 to 8 p.m. Wednesday at the funeral home. Memorial contributions for the welfare of her children Vincent M. and Julianne V. Podolski, may be sent to and in care of Mrs. Melinda M. Edwards, 1930 State St., Harrisburg, PA 17103. PressAndJournal.com Tipc (Questions/Comments:: Email: info@pressandjournal.com Call: 717.944.4628 I Write: 20 South Union Street, Middletown, PA 17057- 1445 i.i l ~ ~: j' l....~S~~~iJ.i \, U j", :\..~i .~\.illj. () bi~u~tr) I )rii1Lu.SpX ':id :.;.5 8-+ ,}(), II'-!- ..:' II; /'