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Home My WebLink About12-10-07 Attorney for Petitioner o ~o m!~ , C)O f.. -) (:"11 ,-.c :_.J :::0 - -i ~o ....~ f-..) = = -.l c::l rr1 n -0 -,.. ...... FRIEDMAN & KING, P.C. John F. King, Esquire ID #61919 3820 Market Street Camp Hill, PA 17011 Tel.: (717) 236-8000/Fax: (717) 236-8080 e-mail: friedmanandking@hotmail.com C> w .. C) .:;:'" In re: JESSE A. ZEIGLER, Minor Child by Tracy L. Zeigler, his mother and natural guardian, Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA ORPHANS' COURT DIVISION NO. 21-07-0981 ORPHANS' COURT AMENDED PETITION FOR APPOINTMENT OF GUARDIAN FOR THE EST A TE OF A MINOR AND FOR APPROVAL OF A TRUST FOR SAID MINOR AND NOW COMES Tracy L. Zeigler, mother and natural guardian of Jesse A. Zeigler, a minor child, and petitions for the appointment of Michael Langan as guardian of the estate of said Jesse A. Zeigler, averring as follows: 1. The minor child who is the subject of the within Petition is Jesse A. Zeigler, age 11, DOB 10/25/95, with a residence address of 6309 Stanford Ct., Mechanicsburg, Cumberland County, PA 17050. Said minor child's father, James Zeigler, is deceased. Said minor child's mother, Tracy L. Zeigler, Petitioner herein, resides at 6309 Stanford Ct., Mechanicsburg, Cumberland County, PA 17050. The proposed guardian is Michael Langan, the subject minor's maternal grandfather, who resides at 4403 Royal Oak Road, Camp Hill, PAl 7011. 2. The relationship of the Petitioner to the minor child is that of natural mother. 3. A guardian is needed for the estate of the minor child because said minor child was the named beneficiary on a certain life insurance policy, number FLX 960172, issued by CIGNA Group Insurance, insuring the life of the minor child's father, James Zeigler. Upon the death of James Zeigler on May 17, 2005, said CIGNA Group Insurance offered Petitioner the option of filing for guardianship of the estate of the minor child, or allowing said CIGNA Group Insurance to hold the proceeds of said policy "on deposit" until the minor child reaches the age of 18 on October 25,2013. Petitioner elected to allow said CIGNA Group Insurance to retain said proceeds "on deposit" in an interest-bearing account for the benefit of the minor child, as evidenced by the Minor Hold Form executed by Petitioner on or about July 28,2005, a copy of which is attached hereto and marked Exhibit A. 4. Petitioner has recently become aware that the interest rate paid by CIGNA Group Insurance on said account is considerably lower than the interest rate which can be earned by placing the funds in question into a federally insured certificate of deposit at Members First Federal Credit Union, as set forth below. 5. No guardian has previously been appointed by any court for the estate of the minor child. 6. Pursuant to 20 Pa.C.S. 5112 (3), a parent of the minor is not qualified to be appointed as guardian of the estate of a minor. Therefore, the proposed guardian is the maternal Grandfather, Michael Langan, who resides at 4403 Royal Oak Road, Camp Hill, Cumberland County, PA 17011. 7. Neither the proposed guardian nor Petitioner have no interest in the decedent, James Zeigler's, estate, adverse to the minor child, Jesse A. Zeigler. James Zeigler's estate was insolvent. The only sums payable to the minor child as a result of the death of James Zeigler arose from payment of the above-referenced life insurance policy, to which Petitioner makes no claim. 8. The only assets subject to the within Petition are the proceeds of the above-referenced life insurance policy, together with the interest income which has been generated thereon. The initial principal amount of said asset was $15,000.00. Petitioner has been informed by CIGNA Group Insurance that the interest due thereon will not be calculated until such time as CIGNA Group Insurance pays over said sum to the trust being created hereunder. The principal of said account and the accumulated interest continues to be held by CIGNA Group Insurance pending action of this Honorable Court. 9. Although the minor child is the child of a veteran, being the decedent, James Zeigler, no insurance or gratuity is due from the United States Veterans' Administration to the minor child or to the estate of James Zeigler. 10. The proposed guardian, Michael Langan, has attached his consent to his appointment as guardian, in accordance with Rule 12.5(c). 11. Petitioner and guardian are desirous of placing the funds described in paragraph 8 herein into a trust account to benefit the minor child, Jesse A. Zeigler, which account shall contain restrictive language regarding withdrawals as follows: "Payments may be made as necessary from the principal and/or interest of the trust solely for the health, education and welfare of the minor upon Court Order. The remainder of the trust proceeds shall be paid to the minor when the minor reaches 18 years of age." 12. The proposed guardian shall invest these funds in a federally insured certificate of deposit at Members First Federal Credit Union, and maintain the same, through periodic rollovers as necessary, until the funds are released to the minor, or for the benefit of the minor, as allowed herein. WHEREFORE, Petitioner prays that an Order be entered appointing Michael Langan as the guardian of the estate of the minor child, Jesse A. Zeigler, and approving the placement of the funds into an account with restrictive language as set forth herein. Respectfully submitted, FRIEDMAN & KING, P.C. Date: I J/ ~D( Jo F. King, Esquire 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 VERIFICATION I, Tracy L. Zeigler, hereby acknowledge that I am the mother and natural guardian Jesse A. Zeigler, a minor child, in the foregoing action; that I have read the foregoing Petition; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. -/AAb-/ " 3iJ{~ Tracy L. Zeigler Dated: I J- (& (01 In re: JESSE A. ZEIGLER, Minor Child by Tracy L. Zeigler, his mother and natural guardian, Petitioner IN THE ORPHANS COURT CUMBERLANDCOUNTYPA No. CONSENT I, Michael Langan, hereby consent to undertake the appointment of Guardian of the Estate of Jesse A. Zeigler, a Minor. ~~ 1-4(.7 1J~;7: ~ MIChael Langan 7 ~. - . June 23, 2005 II CIGNA Group Insurance Life . Accident . Disability Minor Hold Form I am the -""OT~e:R of Jesse A. Zeigler, beneficiary under Policy FLX 960172 for insurance issued on the life of]ames Zeigler, deceased. The said beneficiary is a minor having been born on 10/25/1995, Social Security Number /8J-7'" - 0 / II . No Guardianship proceedings have been or are now contemplated. I hereby request CIGNA to hold the amount due to Jesse A. Zeigler with compound interest at a variable rate that may change weekly, together with any excess interest which may be determined and apportioned. All interest to accumulate until Jesse A. Zeigler attains legal age or until a legal guardian of the minor may be appointed to act for Jesse A. Zeigler. (Sign here) /~ First Name :/. ,~.t~. Initial Surname (Address) {P.30 9 slan-ldrd aur-I-; l11echar)lc~ hure:; a 170S0 Street City or Town County State 'Zip Code (Date) 7/28/05 I concur. (Beneficiary signature required here if he/she is age 15 or over) p<&u/d<. CIGNA Group Insurance products and services are provided exclusively by underwriting subsIdiaries of CIGNA Corporation, including Ufe Insurance Company of North America, CIGNA Ufe Insurance Company of New York, and Connecticut General Ufe Insurance Company. "CIGNA' is used to refer to these subsidiaries and is a registered service matl~.