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HomeMy WebLinkAbout03-0789IN RE: MARCIA L. DELANEY, as Parent and natural guardian of MICHELLE E. DELANEY, a minor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : No. PETITION FOR THE APPOINTMENT OF GUARDIAN OF THE ESTATE OF MICHELLE E. DELANEY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Marcia L. Delaney, parent and natural guardian of the minor child, and Michelle L. Kostelac, Marcia L. Delaney's cousin, by and through Steven J. Schiffman, Esquire and the law firm of SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C., respectfully represents as follows: 1. Michelle E. Delaney, hereinafter the minor child, resides at 191 Simmons Road, Mechanicsburg, Pennsylvania 17055 with her Mother, Marcia L. Delaney. Michelle E. Delaney is currently 10 years of age, having been born on November 9, 1992. 2. The Petitioners are Marcia L. Delaney, parent and natural mother of the minor and Michelle L. Kostelac, cousin of Marcia L. Delaney. 3. The child's father, Michael Francis Kenneth Delaney died on February 1, 2003. At the time of his death he had interest in a Prudential Life Insurance policy number G-9790, through his employer, Xerox Corporation. The minor, Michelle E. Delaney is entitled to receive the sum of $21,474.50 as the beneficiary of the group policy. In order to protect and preserve the minor's legal rights, it is necessary that Co-Guardians of her Estate be appointed. 4. A Guardian of the Estate has not been appointed in the past for the minor. 5. The proposed Co-Guardians of the Estate ofMichelle E. Delaney are Marcia L. Delaney and Michelle L. Kostelac. Marcia L. Delaney resides at 191 Simmons Road, Mechanicsburg, Pennsylvania 17055 and Michelle L. Kostelac resides at 205 Holly Drive, Camp Hill, Pennsylvania 17011. 6. The proposed Co-Guardians have no adverse interest to that of the minor including any interest in the above named Prudential Insurance Company policy. 7. In addition to the Prudential Policy named herein, the minor has an interest in a bank account containing approximately $3,000.00 with PNC Bank. The minor has no other assets. 8. The minor is not entitled to receive any further money as a party to any action or proceeding in any court. 9. The written consents of the proposed Co-Guardians are attached hereto as Exhibit A. 10. The minor is no longer insured for dental and orthodontic procedures as she was previously covered under her father's policy through his employer and is in need of orthodontic care which Marcia L. Delaney is unable to cover without impacting on her ability to provide for her and her daughter. WHEREFORE, Petitioner prays that your Honorable Court enter a Decree: a. Appointing Marcia L. Delaney and Michelle L. Kostelac as Co-Guardians of the Estate ofMichelle E. Delaney; b. Ordering that all funds payable to Michelle E. Delaney be transferred to the Co-Guardians of the Estate ofMichelle E. Delaney; c. Waiving the necessity of filing of a bond on behalf of the Co-Guardians as the value of the policy is less than $25,000.00; d. Ordering that the principal of said fund may be invaded without prior Court approval, for the sole purposes of paying any and all income tax liability which may become due on behalf of the minor as a result of her ownership of the funds; paying of any costs associated with the filing of this Petition, if necessary; and the payments of any costs associated with the payment of dental and/or orthodontic services as a result of the loss of insurance coverage which was provided through the employer of the deceased. e. Such other and further relief as the Court deems necessary. R~e~lly subm~~ 'Steven J. S~ SERRAT~)/~LI, SCHIFFMAN, BROWN & CALNOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney I.D. #25488 Attorney for Petitioners CONSENT OF CO-GUARDIAN I, Marcia L. Delaney, hereby consent to the appointment of myself as Go- Guardian of the Estate of Michelle E. Delaney and acknowledge that: a. I am a citizen of the United States of American, and am able to speak, read and write the English language; b. I acknowledge that I do not reside with Michelle E. Delaney, the minor; c. I acknowledge that I am not the fiduciary or an officer or employee of a corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary, and that the proposed guardians has not interest adverse to the minor. Dated: 9' ! '~' ~0 0 ~ MICHELLE L. KOS~lS. LA-C - CONSENT OF CO-GUARDIAN I, Marcia L. Delaney. hereby consent to the appointment of myself as Co- Guardian of the Estate of Michelle E. Delaney and acknowledge that: a. I am a citizen of the United States of American. and am able to speak, read and write the English language: b. I acknowledge that I reside with Michelle E. Delaney. the minor, and that it is not my intention to apply for an allowance for the support or education of the minor during minority: c. I acknowledge that I am not the fiduciary or an officer or employee of a corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary, and that the proposed guardians has not interest adverse to the minor. Dated: MARICA L. DELAN-Ey (9~- IN RE: MARCIA L. DELANEY, as Parent and natural guardian of MICHELLE E. DELANEY, a minor : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : No. CERTIFICATE OF SERVICE I, Steven J. Schiffinan, Esquire, do hereby certify that on ~_~_~Lo.A~. ,2003, a copy of the foregoing Petition was served upon the following person by United States mail, postage prepaid, addressed as follows: Michelle E. Delaney c/o Marcia L. Delaney 191 Simmons Road M echan~~ -. ~" Ste~ven j,~ch~/~gany~ ~' 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 IN RE: MARCIA L. DELANEY, as Parent and natural guardian of MICHELLE E. DELANEY, a minor · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION I ORDER AND NOW, this ~..,,O'day of O ~ ,2003, upon consideration of the within Petition, it is hereby ORDERED and DECREED that: a. Marcia L. Delaney and Michelle L. Kostelac are hereby appointed as Co- Guardians of the Estate of Michelle E. Delaney; b. All funds payable to Michelle E. Delaney by the Prudential Life Insurance Company shall be transferred to the Co-Guardians of the Estate of Michelle E. Delaney; c. The principal of said fund may be invaded without prior Court approval, for the sole purposes of paying any and all income tax liability which may become due on behalf of the minor as a result of her ownership of the funds; paying of any costs associated with the filing of this Petition, if necessary; and the payments of any costs associated with the payment of dental and/or orthodontic services as a result of the loss of insurance coverage which was provided t o~theem~,oyer of the deceased. Jo LAW OFFICES S£aR~T£rr~, SC~Mt~N, BROWN 8: C^L~O0~, C.C. SUITE 201 2080 LINGL~STOW~ PO,U) FI~u~ISnURG, PA 17110-9670 (717)$40-9170 (717)540-548I (FAX)