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HomeMy WebLinkAbout03-0081IN RE: ROCHELLE EVELYN HYER, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2/'" t~3-"o6// PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE ESTATE OF A MINOR UNDER THE AGE OF 14 YEARS PURSUANT TO 20 PA CONS. STAT. 5111 TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition ofPaula D. K. Armes and Arlene E. Kowal, respectfully states that: 1. Petitioner Paula D. K. Armes is the mother of Rochelle Evelyn Hyer, the minor, and Petitioner Arlene E. Kowal is the grandmother of Rochelle Evelyn Hyer, the minor. 2. Rochelle Evelyn Hyer, the rninor, was bom on March 20, 1997, and resides at 1 Walnut Lane, Camp Hill, Cumberland County, Pennsylvania 17011 with Petitioner Paula D. K. Armes, her mother. 3. Christopher Michael Hyer, the father of Rochelle Evelyn Hyer, the minor, died on November 2, 2002. 4. It is necessary that a guardian of the estate be appointed for the minor because the minor is the beneficiary of a life insurance policy issued by Greater Georgia Life Insurance Company on the life of Christopher Michael Hyer. 5. No other guardian has been appointed for the minor's estate. 6. The proposed guardian Paula D. K. Armes, is 31 years of age and resides at 1 Walnut Lane, Camp Hill, Cumberland County, Pennsylvania 17011. 7. The proposed guardian Arlene E. Kowal, is 76 years old and resides at 901 Laurel Street, Apt. 2, Lebanon, Lebanon County, Pennsylvania 17046. 8. The proposed guardian Paula D. K. Armes is the mother of the minor and has no interest adverse to the minor. The consent of proposed guardian Paula D. K. Armes is attached as Exhibit "A". 9. The proposed guardian Arlene E. Kowal is the grandmother of the minor and has no interest adverse to the minor. The consent of proposed guardian Arlene E. Kowal is attached as Exhibit "B". 10. The minor has an interest in the life insurance policy on the life of Christopher Michael Hyer issued by Greater Georgia Life Insurance Company in the amount of $12,500.00 plus accrued interest. 11. The estimated annual gross income of such interest is $500.00. The minor also receives a monthly Social Security benefit of $368.00. 12. The attorney's fees and filing fees owed to the Butler Law Firm in connection with this Petition total $1,000.00 WHEREFORE, Petitioners respectfully request that this Honorable Court appoint Paula D. K. Armes and Arlene E. Kowal as guardians of the estate of Rochelle Evelyn Hyer, a minor, and authorize them to pay attorney's fees and filing fees to the Butler Law Firm in the amount of $1,000.00 and invest the balance of the proceeds of the life insurance policy payable to the minor in restricted savings certificates and savings accounts in lieu of entry of security in accordance with 20 Pa. Const. Stat. §5103 and §5122. WITNESS: Arlene E. Kowal, Guardian VERIFICATION I, PAULA D. K. ARMES, hereby certify that the facts set forth in the foregoing Petition are true and correct according 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. §4904 relating to unswom falsification to authorities. Paula D. K. Armes Dated: VERIFICATION I, ARLENE E. KOWAL, hereby certify that the facts set forth in the foregoing Petition are true and correct according 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. ,{4904 relating to unswom falsification to authorities. Arlene E. Kowal Dat ed: t[t ~, [ o'5 IN RE: ROCHELLE EVELYN HYER, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT OF PROPOSED GUARDIAN I, Paula D. K. Armes, consent to act along with Arlene E. Kowal as guardians of the Estate of Rochelle Evelyn Hyer, a minor. I reside at 1 Walnut Lane, Camp Hill, Cumberland County, Pennsylvania 17011. I am employed as a technical writer/editor by PHEAA at 1200 North 7th Street, Harrisburg, PA 17102. I am a citizen of the United States and can speak, read and write the English language. I am not the fiduciary or an officer or employee of any corporate fiduciary of an estate in which the minor has an interest or the surety or an officer or employee of the corporate surety of such a fiduciary. I have no interest adverse to the minor. It is not the intention of the guardian to apply for an allowance for the support or education of the minor during minority. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ,2003. __ day of WITNESS: [_ ~ AL) · x--~'aulaTb?i~. Arrhes --' - . _ IN RE: ROCHELLE EVELYN HYER, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT OF PROPOSED GUARDIAN I, Arlene E. Kowal, consent to act along with Paula D. K. Armes as guardians of the Estate of Rochelle Evelyn Hyer, a minor. I reside at 901 Laurel Street, Apt. 2, Lebanon, Lebanon County, Pennsylvania. I am a retired widow. I am a citizen of the United States and can speak, read and write the English language. I am not the fiduciary or an officer or employee of any corporate fiduciary of an estate in which the minor has an interest or the surety or an officer or employee of the corporate surety of such a fiduciary. ! have no interest adverse to the lninor. IN WITNESS WHEREOF, I have hereunto set my hand and seal this __ ,2003. day of WITNESS: ~.c,:.(?4z~ ]~ ,.,00~ (SEAL) Arlene E. Kowal ORPHANS' COURT DIVISION NO. IN RE: ROCHELLE EVELYN HYER, a minor PETITION FOR THE APPOINTNENT OF A GUARDIAN OF THE ESTATE OF A NINOR YNDER TItE AGE OF 14YEARS PURSUANT TO 20 PA CONST. STAT. 511 BUTLER LAW FIRM ATTORNEYS AT LAW 500 NORTH THIF~D STREET tWELFth FlOOr HARRISBURG, PENNSYLVANIA 17101 IN RE: ROCHELLE EVELYN HYER, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ' so. OI- 0J. OOt 1 DECREE ANDNOW, this ~ ~dayof__~, 2003, upon consideration of the Petition ofPaula D. K. Armes and Arlene E. Kowal, it is hereby ORDERED and DECREED that Paula D. K. Armes and Arlene E. Kowal are appointed guardians of the estate of Rochelle Evelyn Hyer, a minor. In lieu of the entry of security, the guardians are aulLhorized~ll[~ll~l~ to pay a.t. to.rney's fees and filing fees to the Butler Law Firm in the amount o~and to invest the balanc'b of the fimds belonging to the above-named minor as follows: (1) To purchase a certificate of deposit in the sum of $11,500.00 from Pennsylvania State Employees Credit Union in their name as guardians of the estate of the above-named minor marked as hereinafter directed. (2) To deposit the balance of the funds in the Pennsylvania State Employees Credit Union in a savings account in their names as guardians of the estate of the above-named minor marked as hereinafter directed. Each savings certificate purchased pursuant to Paragraph 1 shall be marked: "Not to be redeemed except for renewal in its entirety, nor to be withdrawn, assigned, negotiated or otherwise alienated before March 20, 2015 except on Order of Court"; the deposit book under Paragraph 2 shall be marked: "Not to be withdrawn before March 20, 2015 except on Order of Court except for payment of federal and state income taxes on the interest earned by the minor's estate or on Order of Court". Every savings certificate purchased under Paragraph 1 and deposit book under Paragraph 2 marked as directed shall be produced to the Court for inspection and approval immediately upon receipt by the guardians. The guardians are further authorized and directed to deposit interest received from the investment under Paragraph 1 or other income belonging to the minor, if any, in the savings account opened under Paragraph 2 pursuant to this Decree. If no withdraws (other than the payment of taxes above) are made from the investments authorized by this Decree, Pennsylvania State Employees Credit Union may pay over the investments as provided in Paragraphs 1 and 2 when the minor attains her majority on March 20, 2015 upon the joint order of the guardians and the former minor, without further order of this Court. The guardians are directed to file an inventory within ninety (90) days from the date of this Decree in accordance with the provisions of 20 Pa. Const. Stat. §5142. No additional assets are to be received by the guardians without further Order of this Court. BY THE COURT: IN RE: ROCHELLE EVELYN HYER, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-0081 INVENTORY Real Property received: None Personal Property received: Greater Georgia Life Insurance Company - check #255258 dated May 2, 2003: Regular life insurance benefit Interest on regular life insurance benefit Accidental death life insurance benefit Interest on accidental death life insurance benefit $12,500.00 698.63 12,500.00 698.63 Total $26,397.26 Realand Personal Property th~ Guardian Expectsto Acquire: None Total Property $26,397.26 Name of Attorney: I.D. No. Address: Telephone: Ronald D. Butler 09826 500 North Third Street P.O. Box 1004 Harrisburg, PA 17108 (717) 236-1485 Guardians: Paula D.K. Armes Arlene E. Kowal Dated: ~ ~OL~/~ '0~.... COMMONWEALTH OF PENNSYVLANIA ) · SS. COUNTY OF DAUPHIN ) PAULA D.K. ARMES and ARLENE E. KOWAL, Guardians, being duly sworn, say that the above is a full, true and complete inventory of the assets which have come into their hands as Guardians of the Estate of the said minor. Paula D.K. Armes Arlene E. Kowal SWORN to and subscribed before me this ca0&/'/'1 day of ~ 0_, ,2003. t ~'otary Public My Commission Expires: NO. 21-03-0081 IN l~E: ROCHELLE EVELYN HYER, A MINOR INVENTORY BUTLER LAW FIRM ATTORNEYS AT LAW 500 NORTH THIRD STREET TWELFTH FLOOR HARRISBURG, PENNSYLVANIA 17101 C3 1NRE: ROCHELLE EVELYN HYER, a minor IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-0081 PETITION FOR INVESTMENT OF FUNDS BY GUARDIANS OF THE ESTATE OF A MINOR UNDER THE AGE OF 14 YEARS TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Paula D.K. Armes and Arlene E. Kowal respectfully state that: 1. Petitioners were appointed Guardians of the estate of Rochelle Evelyn Hyer, a minor, by Decree of President Judge George E. Hoffer dated January 31, 2003. 2. In Paragraph 10 of their Petition for appointment as Guardians, the Petitioners stated that the minor had an interest in a life insurance policy on the life of Christopher Michael Hyer issued by Greater Georgia Life Insurance Company in the amount of $12,500.00 plus accrued interest. 3. Petitioners were not aware of an accidental death life insurance benefit until such time as they received the proceeds check in the amount of $26,397.26 from the Greater Georgia Life Insurance Company. A copy of the check is attached as Exhibit "A" and made a part hereof. 4. A copy of a letter dated May 1, 2003 from the Greater Georgia Life Insurance Company to City Cove Springs (attached as Exhibit "B" and made a part hereof) sets forth the breakdown of the check as follows: Regular life insurance benefit Interest on regular life insurance benefit Accidental death life insurance benefit Interest on accidental death life insurance benefit $12,500.00 698.63 12,500.00 698.63 Total $26,397.26 4. The Decree dated January 31, 2003 instructed the Petitioners to purchase a certificate of deposit in the amount of $11,500.00 and to deposit the balance of funds in a savings account. 5. Under the circumstances, Petitioners have determined that it would be prudent to purchase a second certificate of deposit in the amount of $12,500.00 from the proceeds received by check from the Greater Georgia Life Insurance Company. 6. The attorney's fees and filing fees owed to the Butler Law Firm in connection with this Petition and in connection with the filing of the Inventory total $300.00. WHEREFORE, Petitioners respectfully request this Honorable Court to authorize Petitioners to purchase a second certificate of deposit in the sum of $12,500.00 from Pennsylvania State Employees Credit Union in their names as Guardians of the estate of the above-named minor marked as hereinbefore directed in the Court's Decree dated January 31, 2003 and authorize them to pay attorney's fees and filing fees to the Butler Law Firm from the savings account in the amount of $300.00 for attorney's fees and filing fees in connection with the preparation and filing of this Petition and the preparation and filing of the Inventory. WITNESS: - paU~a-D.K. Arn~es, ~"uua~-cfian' Arlene E. Kowal, Guardian (SEAL) ITl Greater Geor~ia Lqe lnsurance Co. 1350 Main Street, $pringfield, MA Ol103 - (800)-851-8544 May 1, 2003 Ms. Judy Dickson, City Clerk City Cove Springs P.O. Box 365 Cove Springs, GA 30124 Dear Ms. Dickson, Re.' Deceased: Claim No.: Claimant: Check for: Christopher Hyer 03-GGL-0412 (Basic) & 03-GGL-0582 (AD&D) Estate of Rochelle E. Hyer, A Minor c/o Paula K. Armes & Arlene E. Kowal, Co-Guardians $12,500.00 + $698.63 (interest) = $13,198.63 Total Basic $12,500.00 + $698.63 (interest) = $13,19863 Claim papers submitted under the group insurance contract for the above deceased have been approved for payment. Accordingly, we are pleased to enclose our check payable to the claimant in full settlement of the benefit provided by the Group Life Insurance program. This interest ($61.64 = 6% + $638.99 = 12% = $698.63 Total each claim) is paid in accordance with statutory requirements. Please arrange to deliver this check to the claimant, along with the enclosed copy of this letter, at your earliest convenience. Sincerely, Is CC: Estate of Rochelle E. Hyer - A Minor c/o Paula K. Armes & Arlene E. Kowal, Co-Guardians 1 Walnut Lane Camp Hill, PA 17011 E iBIT "B" COPY VERIFICATION I, PAULA D.K. ARMES, hereby certify that the facts set forth in the foregoing Petition are true and correct according 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. §4904 relating to unswom falsification to authorities. Dated: VERIFICATION i, ARLENE E. KOWAL, hereby certify that the facts set forth in the foregoing Petition are true and correct according 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. §4904 relating to unswom falsification to authorities. Arlene E. Kowal ORPHANS' COURT DIVISION NO. 21-03-0081 IN RE: ROCHELLE EVELYN HYER, A MINOR PETITION FOR INVESTMENT OF FUNDS BY GUARDIANS OF THE ESTATE OF A MINOR UNDER TNE AGE OF 14 Yin. ARS BUTLER LAW FIRM ATTORNEYS AT LAW 500 NORTH THIRD STREET TWELFTH FLOOR HARRISBURG, PENNSYLVANIA 17101 IN RE: ROCHELLE EVELYN HYER, a minor iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-03-0081 DECREE AND NOW, this __~__ day of ,2003, upon consideration of the Petition ofPaula D.K. Armes and Arlene E. Kowal,T[ is hereby ORDERED and DECREED as follows: 1. The Guardians are authorized to purchase a certificate of deposit in the sum of $12,500.00 from Pennsylvania State Employees Credit Union in their names as Guardians of the estate of the above-named minor marked as hereinbefore directed in the Decree of this Court dated January 31,2003. 2. The Guardians are authorized to pay attorney's fees and filing fees to the Butler Law Firm in the amount of $300.00 in connection with the preparation and filing of this Petition and the preparation and filing of the Inventory. BY THE COURT: P.J.