HomeMy WebLinkAbout02-02-12(t(,,, ~ i~
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IN RE: ESTATE OF JOAN H. CLELAND,' B~
Deceased CL~C ~.
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
No. 21-11-0440
IN RE: PETITION TO DISPENSE WITH OFFICAL APPOINTMENT OF
GUARDIANS OF THE ESTATES OF MINORS UNDER 20 PA. C.S. ~ 5101
AND. TO DISTRIBUTE A BEQUEST UNDER 20 PA. C.S. & 5102
ORDER OF COURT
AND NOW, this 2"d day of February, 2012, upon consideration of the Petition
to Dispense with OfFcial Appointment of Guardians of the Estates of Minors Under 20
Pa. Cons. Stat. Ann. § 5101 and to Distribute a Bequest Under 20 Pa. Cons. Stat. Ann. §
5102 filed by the Executrix of the Estate of Joan H. Cleland, and following a hearing
held on February 2, 2012, the Petition is GRANTED to the extent as follows:
1. No guardian is appointed to represent the minor great-grandchildren
beneficiaries, Michael Mahoney,: Tamara Mahoney, Katherine Mahoney,
Danielle Mahoney, Peter Mahoney, Andrew Mahoney, Alexis Bear, and
Nathan Bear;
2. The Executrix is authorized to distribute the gift from the Estate of
Joan H. Cleland, provided that the sum to be received by each great-
grandchild is in fact less than $25,000.00, to the parents of the minor
great-grandchildren listed above, for the benefit of the minor great-
grandchildren, and in accordance with the apportionment set forth in
the decedent's Will;
3. Upon distribution, the parents of the minor great-grandchildren are
ORDERED and DIRECTED to deposit the funds received for each
minor great-grandchild into a federally insured investment account of
their choosing, in the name of minor great-grandchild for whom the
distribution was made;
4. Each account created pursuant to this order shall bear the EXPRESS
RESTRICTION that there shall be no withdrawals from the minor's
account prior to that minor having obtained the age of twenty-two,
except (a) for payment of state or federal income taxes, (b) otherwise
in accordance with the terms and provisions of decedent's Will, or (3)
upon a subsequent Order of Court;
5. Each parent is authorized to execute any documents related to the
said deposits, the receipt and release for said distribution, and the
Family Settlement Agreement for the Estate of Joan H. Cleland, on
behalf of each minor great-grandchild.
PETITIONER shall file, or cause to be filed, with the court affidavits of
compliance with this order within sixty (60) days of distribution of each gift.
Placey C.P.J.
Distribution List:
Michael A. Scherer, Esq.
Baric Scherer, LLC
19 West South Street
Carlisle, PA 17013
Attorney for Petitioner
'....._n f.. ~
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ESTATE OF JOAN H CLELAND CUMBERLAND COUNTY
PENNSYLVANIA
N0.21-11-0440
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 2/2/12
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 212/12
IN RE: ORDER
SERVICE TO: MICHAEL A SCHERER
ADDITIONAL COPY ALSO PUT IN PROTHO BOX AS PER MARGIE
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ep ty
rk of Orphans' Court