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Home My WebLink About07-17-09r In the Court of Common Pleas of Cumberland County, Pennsylvania Orphan's Court Division C'«'1. _~"1y Estate of ~ ~ 4Ci ~ ~W"'"t c No.'z l -C~1-4~~j`~ `mac? t--' C',.; _tw7 , SIERRA C. ZEIGLER, ~}~ ~ ~ -s r-~:~ ~~w' a minor ~ ~ [~ s~ ._ ; -'~ _ ,-, :_.. ~ ! . PETITION FOR THE APPOINTMENT ~ -~ ~ ~..-~ c:: OF A GUARDIAN FOR THE ESTATE OF A MINOR ~ -~ AND NOW comes the Petitioner, JOHN F. ZEIGLER, by and through his attorney, Michael L. Bangs, Esquire, in accordance with the following: 1. Petitioner is JOHN F. ZEIGLER, an adult individual who resides at 66 Chevy Lane, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is the natural father of Summer C. Zeigler (d.o.b. February 3, 1989) and Sierra C. Zeigler (d.o.b. March 19, 1994). 3. Petitioner was divorced from the natural mother of Summer and Sierra Zeigler in 2002, the natural mother being Leann R. Zeigler. 4. Petitioner has always maintained custody of Summer and Sierra Zeigler. 5. Petitioner's former wife and the mother of Summer and Sierra Zeigler died on October 31, 2008. Attached hereto and marked as Exhibit A is a true and correct copy of the death certificate. 6. Upon the death of Leann R. Zeigler, Petitioner was advised that his former wife Leann had named their two daughters, Summer and Sierra, on her life insurance policy through the Prudential Insurance Company of America. 7. Petitioner submitted the death claim to The Prudential Insurance Company of America. 1 8. Petitioner received a letter dated January 27, 2009 from The Prudential Insurance Company of America indicating that because Sierra Zeigler was a minor, that they would only pay the proceeds to a guardian of her estate. Attached hereto and marked as Exhibit B is a true and correct copy of the letter. 9. The Prudential Insurance Company of America paid Summer Zeigler her portion of the insurance proceeds in the amount of $61,000.00. 10. Petitioner's minor child Sierra Zeigler is to receive $61,000.00. 11. The decedent, Leann Zeigler, did not have any funds available to pay for her funeral. 12. Summer and Sierra Zeigler both agreed to pay for their mother's funeral. 13. Summer Zeigler has paid the entire bill for the funeral to Malpezzi Funeral Home in the amount of $4,946.00. Attached hereto and marked as Exhibit C is a true and correct copy of the funeral bill. 14. Sierra Zeigler wishes to reimburse her sister one-half of that amount or $2,473.00. 15. Petitioner, through his attorney, Michael L. Bangs, Esquire, has contacted several financial institutions including Fulton Financial Corporation, and none of the financial institutions will agree to act as guardian of the estate of these funds because of the limited amount of funds. 16. Fulton Financial Corporation, however, will agree to maintain the funds in an account insured by the FDIC and prohibiting withdrawals from the account until Sierra C. Zeigler obtains the age of majority, except as authorized by prior court order in accordance with Pa. R.C.P. 2039(b)(2). 2 17. Petitioner requests that the court appoint him as a temporary guardian of the estate of Sierra C. Zeigler either individually or in conjunction with Michael L. Bangs, Esquire, for the sole purpose of receiving those insurance proceeds and depositing the net proceeds, after reimbursement of the one-half of the funeral cost to Summer Zeigler and payment of the legal fees associated with obtaining this order, in a restricted account to be held by Fulton Financial Corporation. WHEREFORE, Petitioner asks this Honorable Court to order the following: A. Appoint John F. Zeigler, either individually or John F. Zeigler and Michael L. Bangs, Esquire, guardian or co-guardians of the estate of Sierra C. Zeigler for the restrictive purpose of receiving and retaining the proceeds from The Prudential Insurance Company of America; B. Authorize the guardian of the estate of Sierra C. Zeigler to pay Summer C. Zeigler the amount of $2,473.00 representing one-half of the funeral bill for Leann R. Zeigler; C. Authorize the payment by the guardian of the legal fees and costs incurred to obtain the funds and pursue this Petition and Order to Michael L. Bangs, Esquire, in the amount of $1,030.00; and D. Direct that the remaining funds be held in a restricted account held by Fulton Financial Corporation, including instructions that no withdrawal can be made from the account until the minor obtains majority, except as authorized by a prior order of court. Upon proof of the depositing of these funds and compliance 3 with the rest of the Order, then the temporary guardianship of the estate of Sierra C. Zeigler will be terminated. Respectfully submitted, MICI~'AEL L. BANGS Attorney for Petitioner 429 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION I hereby verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~~/S-O `3 ~ JO F. ZE Prudential Guardian of Sierra Ziegler 66 Cherry Lane Carlisle, PA 17015 Dear Guardian of Sierra Ziegler: The Prudential Insurance Company of America Group Life Claim Division PO Box 8517, Philadelphia, PA 19176 Tel (800) 524-0542 Fax (888) 227-6764 January 27, 2009 Insured: Leann R Zeigler Control Number: G-44686 Claim Number: 10941795 V`%e have received a claim for Group Life Insurance un Learui R Zeigler under Group Policy G-44686 issued through Rite Aid Corporation. Our records indicate Sierra Ziegler was named as beneficiary and is entitled to receive $61,000. Because Sierra Ziegler is a minor, benefits can only be paid to a court appointed guardian of the property or estate of the minor beneficiary. If a guardian has been designated, please forward a certified copy of the court order confirming this appointment. If a guardian has not been appointed, the benefit funds can be held until Sierra Ziegler reaches the age of majority, currently 18 in most states. The interest rate, which is adjusted monthly to reflect short-term market rates, is currently at .75% per year. Please note that this interest rate is subject to change. If you would prefer to have us hold benefits until the beneficiary reaches the age of majority, please complete and return the attached Settlement Option Form. Once we have received it, a settlement option certificate will be issued to Sierra Ziegler. This may be exchanged for the benefit funds on his/her 18th birthday or when a guardian has been appointed. Please let us know in writing whether or not a guardian will be appointed. A postage- paid envelope is enclosed for your convenience. Please indicate the above claim number on the top right corner of all documents you are sending to us. If you have any questions, please feel free to contact us at (800) 524-0542. Sincerely, Claims Coordinator 2009\1\27\GL024X1476261423270001.doc [000242-02-31-O1-G-2-Q] Insured: Leann R Zeigler Policy Number: G-44686 Claim Number: 10941795 Request for Settlement Option I, n 1- ~ am responsible for the care and maintenance of (print yo r name) Sierra Ziegler, beneficiary named by Leann R Zeigler to receive life insurance proceeds under Prudential Group Policy Number G-44686, that was issued to Rite Aid Corporation. Since a court appointment of a guardian of the property or estate has not yet been obtained or applied for, please issue a Settlement Option Certificate. I understand that the Certificate may be surrendered for the proceeds when either the beneficiary reaches the age of 18 or when a guardian of the property or estate has been appointed. The beneficiary's date of birth and social security number is: Name Date of Birth Social Security Number Sle rr4 C 7_ ~ ~. ~ ~, r 0 3 1 q 15 ~ y Date: x-~-~p~ Signature: Relationship to Beneficiary: ~ ~~ ~ ~ Address: ~ ~ C'f~~.,,,~,, ~ ~~r1~~1~ /~/~ 7d /S` 2009\1\27\GL024X1476261423270001.doc [000242-02-32-02-G-0-Q] 1vla~ ezzi . --- FUNERAL HOME Michael J. Malpezzi, Owner • Jeremy J. Shartzer, Funeral Director 8 Market Plaza Way • Mechanicsburg, PA 17055 • Phone: (717) 697-4696 December 14, 2008 John Zeigler 66 Cherry Lane Carlisle, PA 17015 The Funeral Service for Leann Renee Zeigler We sincerely appreciate the confidence you have placed in us and will continue to assist you in every way we can. Please feel free to contact us if you have any questions in regard to this statement. THE FOLLOWING IS AN ITEMIZED STATEMENT OF THE SERVICES, FACILITIES, AUTOMOTIVE EQUIPMENT, AND MERCHANDISE THAT YOU SELECTED WHEN MAKING THE FUNERAL ARRANGEMENTS. 1. PROFESSIONAL SERVICES Services, Facilities and Cremation , $3365.00 FUNERAL HOME SERVICE CHARGES $3365.00 SELECTED MERCHANDISE: Woodgrain Cremation Container _ $425.00 Cremation Urn, . . . . . . . . . . . . . . . . . . $375.00 Register Package , $115.00 Mazble Keepsake , _ $45.00 Blue Keepsake Urn _ $80.00 Silver Thumbie w/engraving, $145.00 Silver Heart w/engraving $172.50 THE COST OF OUR SERVICES, EQUIPMENT, AND MERCHANDISE THAT YOU HAVE SELECTED $4722.50 AT THE TIME FUNERAL ARRANGEMENTS WERE MADE, WE ADVANCED CERTAIN PAYMENTS TO OTHERS AS AN ACCOMMODATION. THE FOLLOWING IS AN ACCOUNTING FOR THO SE CHARGES. CASH ADVANCES Certified Death Certificates , $60.00 Newspaper Notices -Patriot, $327.31 Newspaper Notices -Sentinel $160.60 Flowers -Summer, Sierra $63.60 Flowers -Mom $79.50 Flowers -Lisa , $212.00 Flowers -Jennifer $79.50 Flowers -Gary. ; . $74.20 TOTAL CASH ADVANCES AND SPECIAL CHARGES . $1056.71 CONTRACT PRICE $5779.21 HISTORY 11/10/2008 Members First _ $_832 77 TOTAL AMOUNT DUE $4946.44 Y ~ ~~~~~ ,, www.malpezzifuneralhome.com