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IN THE COURT OF COMMON PLEAS c 0 ~ ~-
OF CUMBERLAND COUNTY, PENSYLVANIA r -~? ~ „~'~ ~ -
ORPHANS' COURT DIVISION -~' =~ m rv '
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ESTATE OF ~' `_o R,;, _ ,
SARA K. DEWALT ~ .~- ~"=~ <;?
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PETITION TO DISPENSE WITH OFFICIAL APPOINTMENT OF A
GUARDIAN OF THE ESTATE OF A MINOR UNDER 20 PA. CONS. STAT.
ANN. & 5101 AND DISTRIBUTE A SPECIFIC BEQUEST UNDER 20 PA CONS
STAT. ANN. & 5102
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
The petition of Michael L. Dewalt respectfully represents that:
1. Petitioner, Michael L. Dewalt, residing at 104 Stonehouse Rd., Carlisle,
Pennsylvania 17015, is an adult individual, the Executor of the Estate of Sara K.
Dewalt. Said Petitioner is a United States citizen and is able to speak, read, and
write in the English language.
2. Petitioner, as Executor of the Estate of Sara K. Dewalt ("Decedent") desires to
distribute a specific bequest from the estate to a minor beneficiary. The Petitioner
would like to dispense with a formal accounting of the estate and execute a
Family Settlement Agreement with the beneficiaries of the estate. As is related
more fully at large hereinbelow in the BACKGROUND Section, Petitioner and
counsel believe and aver that the current facts and circumstances of the Estate and
its settlement, justify dispensing with the appointment of a guardian of the estate
to represent the interests of said minor. In fact, Petitioner and counsel believe that
the amount of the bequest is not sufficient to warrant the expense of a full
guardianship and formal accounting and would only serve to unnecessarily
deplete the Estate's resources.
3. The court has jurisdiction to hear this matter under 20 Pa. Cons. Stat. Ann. §711.
4. Sara K. Dewalt ("Decedent") died on September 23, 2009, with a will, which is
attached as "Exhibit A."
5. Letters Testamentary were granted to Michael L. Dewalt, son of the decedent, on
October 27, 2009 by the Register of Wills in and for Cumberland County,
Pennsylvania.
6. Under Item 5 of Decedent's Last Will and Testament, decedent made a specific
bequest to her great-grandchild, Casey Kummer, in the amount of $1,000.
7. Casey Kummer, a minor, age 10, of 8 Fairfax Circle, Shrewsberry, Pennsylvania,
17361, has an interest in the Estate of Sara K. Dewalt under Item 5 of Decedent's
Will, as the decedent's great granddaughter.
8. Decedent failed to nominate a guardian of the estate for minor beneficiaries.
9. Jennifer Kummer is the mother and natural guardian of Casey Kummer, the
minor, and concurs with the Petitioner's proposed manner of distribution of the
specific bequest.
10. Jennifer Kummer is also a beneficiary of the Estate of Sara K. Dewalt.
11. Petitioner intends to file a Family Settlement Agreement of the Estate of Sara K.
Dewalt, instead of a formal accounting.
12. 20 Pa. Cons. Stat. Ann. §5101 permits the court to dispense with the appointment
of a guardian of the estate of a minor when the entire real or personal estate,
wherever located of a resident or nonresident minor has a net value of $25,000 or
less, all or any part of it may be received and held or disposed of by the minor, or
by the parent without the appointment of a guardian when it is an award from a
decedent's estate.
13. 20 Pa. Cons. Stat. Ann. §5102 permits the court to authorize or direct that the
parent of the minor execute as natural guardian, any receipt or carry out a decree
entered under section 5101 and may require the deposit of money in a savings
account.
14. 20 Pa. Cons. Stat. Ann. §5103 permits the court, without the appointment of a
guardian, to order any amount of cash of a resident or nonresident minor to be
deposited in one or more savings accounts in the name of the minor in a bank with
the provision that no withdrawal from the account can be made until the minor
attains the age of majority, except as authorized by a prior order of the court.
WHEREFORE, petitioner requests that the court
1. dispense with the official appointment of a guardian of the estate to represent
Casey Kummer, a minor;
2. order the $1,000 bequest to be deposited into a bank, in the name of the minor,
with the provision that no withdrawal can be made from any such account
until the minor attains her majority, such restriction to be sufficient protection
of the minor's interest;
3. authorize Casey Kummer's mother, Jennifer Kummer to make said deposit
and to execute any documents relating to said deposit, the receipt and release
for said distribution, and the Family Settlement Agreement for the Estate of
Sara K. Dewalt, on behalf of Casey Kummer.
Tricia .Naylor, quire
I.D. #83760
19 West South Street
Carlisle, PA 17013
(717)243-7437
Attorney for Petitioner
VERIFICATION
I verify that the statements made in the foregoing Petition 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.
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-T-~~~ o'er ,, v/%'
Michael L. Dewalt
CO-_
The undersigned acknowledges, pursuant to the penalties of 18 Pa.C.S.A Section
4904 relating to unsworn falsification to authorities, that she and her daughter, Casey
Kummer, a minor, are beneficiaries of the Estate of Sara K. Dewalt; that she is an adult; that
she is the mother of Casey Kummer; that the statements made in the Petition filed by Tricia
D, Naylor, Esquire are true and correct to the best of her knowledge, information and
belief; that she concurs and consents to representing the interests of her daughter, Casey
Kummer, a minor, and dispensing with the appointment of a guardian of the estate of Casey
Kummer.
WITH SS:
J ~ v,
Zl, Zol o ~ vl'-'IYi,~ r
DATE Jennifer Kummer