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HomeMy WebLinkAbout09-07-12 In re HELENA MARTINS : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA a minor AUGUSTO , ORPHANS' COURT DIVISION :NO. 21-IZ -G'c~1~r ~., PETITION FOR APPOINTMENT OF ~ r-; Fes;, :'JC7 ~ _ ~; GUARDIAN OF THE ESTATE ~ =~ - . ,-, ; rT, --n '~ '- `-`:~`: ~ - - .. ~ ~. ~ T ~ . _, , ~- THE JUDGES OF THE SAID COURT: ~v ~ , TO THE HONORABLE ~ ~ - ~ ~> ~-~ - - , _ -. c ; ` ---x ~ -„ c~ ~~ =~= __ ~ := AND NOW COME Petitioners, Stephanie M. Ritter and Pamela Davies~cS"rrlith, a.•7 who respectfully state: 1. Petitioner, Stephanie M. Ritter, is the adoptive mother of Helena Martins Augusto, the minor child. Petitioner Ritter resides at 236 North 29th Street, Camp Hill, PA 17011. 2. Co-Petitioner, Pamela Davies Smith, has been a friend of the family for more than twenty years, and has, therefore, known the minor child since the time of her adoption. Petitioner Smith resides at 679 Sand Spur Drive, Etters, PA 17319. 3. Helena Martins Augusto ("the minor child") was born July 7, 2004, in China, and resides at 236 North 29th Street, Camp Hill, Cumberland County, Pennsylvania, with her adoptive parents, Stephanie M. Ritter and Jorge M. Augusto. Her adoption was completed August 19, 2005, in China. A Certificate of Adoption was subsequently issued by the Orphans' Court Division of the Court of Common Pleas of Cumberland County on October 26, 2005, in the matter docketed as No. 110 Adoptions 2005. 4. The minor child is eight (8) years of age. T ~~ 5. The minor child is named as a beneficiary of certain non-probate property (more fully described below) that had been owned by her great-aunt, Adamadia Deforest ("Decedent"), who died March 14, 2012. 6. Decedent was the sister of Petitioner Ritter's late mother. Therefore, Decedent was Petitioner Ritter's aunt. 7. At the time of her death, Decedent owned assets of significant monetary value, both probate and non-probate. 8. Unfortunately, Decedent did not name a custodian or other fiduciary to receive the non-probate property payable to the minor child upon the occurrence of Decedent's death. Therefore, it is necessary that a guardian of the estate be appointed to collect and hold this property on behalf of the minor child. 9. Petitioners believe, and therefore aver, that no other guardian has been appointed for the minor child's estate. 10. Proposed co-guardian, Stephanie M. Ritter ("Ms. Ritter"), is a parent and guardian of the minor child, Helena Martins Augusto. At the time of the filing of this Petition, Stephanie M. Ritter is 52 years of age, having been born on August 31, 1960. 11. Proposed co-guardian, Pamela Davies Smith ("Ms. Smith"), is a family friend who is familiar with the minor child, Helena Martins Augusto. At the time of the filing of this Petition, Pamela Davies Smith is 54 years of age, having been born September 4, 1958. 12. Jorge M. Augusto ("Mr. Augusto") is the father of the minor child. Mr. Augusto is married to Ms. Ritter, and resides together with his wife and child. 2 R ~ 13. All of the proposed guardians, Ms. Ritter, Ms. Smith, and Mr. Augusto, are attorneys, licensed to practice law in the Commonwealth of Pennsylvania. Ms. Ritter and Mr. Augusto are also licensed to practice law in the State of Maryland, where they are on inactive status. 14. Petitioners Ritter and Smith seek to be appointed as co-guardians, in light of the requirement of the statute codified at 20 Pa.C.S. §5112(3), requiring that a parent serve together with a co-guardian. 15. With the exception of Ms. Ritter's parental duty of support (addressed by the aforementioned statute), neither proposed co-guardian has any interest adverse to the minor child, Helena Martins Augusto. The Consents of the proposed guardians are attached hereto, identified collectively as "Exhibit A". 16. The interest of the minor child in the non-probate property of Adamadia Deforest which does not contain a custodial designation is believed to be as follows: a. TIAA-CREF 403(b) account, estimated death benefit $124,691.76; b. Wells Fargo Investments, estimated combined death benefit $42,500.00; and c. Fidelity Investments, estimated death benefit unknown. 17. The estimated annual gross income from the above-identified accounts is unknown. The minor child does not receive Social Security benefits. 18. The minor child is also a beneficiary of a testamentary trust established by the decedent, Adamadia Deforest, which provides for discretionary payments of principal and income to or on behalf of the minor child, and distribution, outright, to the minor child at the age of thirty (30) years. 3 R ~~ 19. It is believed that the named Trustees of the testamentary trust, which has not yet been funded, may renounce their rights to serve as Trustees in favor of Ms. Ritter, as is permitted by the trust provisions of Decedent's Will. WHEREFORE, Petitioners request this Honorable Court to appoint them as Co- Guardians of the Estate of Helena Martins Augusto, a minor, to serve without bond; and, further, to appoint Jorge M. Augusto as successor co-guardian, if Ms. Ritter should become unwilling or unable to serve as co-guardian at some future time, to serve without bond; and to direct the payment of their attorney's fee, in the amount of $750.00, as well as any filing fee, from the principal of the guardianship estate. Respectfully Submitted, ~~ J es .Cameron A o ey I.D. No. 58998 13 5 North Front Street Harrisburg, PA 17102 (717) 236-3755 Attorney for Petitioners, Stephanie M. Ritter and Pamela Davies Smith 4 VERIFICATION The undersigned hereby certifies that the' foregoing statements which are within my personal knowledge are true, and those which are based on information received from others are believed to be true. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. 1 C E ANIE M. RITTER VERIFICATION The undersigned hereby certifies that the foregoing statements which are within my personal knowledge are true, and those which are based on information received from others are believed to be true. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. PAMELA DAMES SM H In re HELENA MARTINS : I1V THE COURT OF COMMON PLEAS AUGUSTO, a minor :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT AS CO-GUARDIAN I, STEPHANIE M. RITTER, hereby consent to act as guardian of the estate of Helena Martins Augusto, a minor. I reside at 236 North 29`" Street, Camp Hill, Pennsylvania, and am a homemaker. I am licensed to practice law in the Commonwealth of Pennsylvania and in the State of Maryland. I am a citizen of the United States of America and speak, read, and write the English language. With the exception of my legal duty to support my minor child, I have no interest adverse to that of my daughter, Helena, the minor child. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which the minor child has an interest; nor am I the surety or officer or employee of a corporate surety of such fiduciary. It is not my intention to apply for an allowance for the support or education of the minor child during her minority. t Date: ~ ~ ~ ~ / ~-- ~ ST HANIE M. RITTER In re HELENA MARTINS : IN THE.COURT OF COMMON PLEAS AUGUSTO, a minor :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT AS CO-GUARDIAN I, PAMELA DAVIES SMITH, hereby consent to act as guardian of the estate of Helena Martins Augusto, a minor. I reside at 679 Sand Spur Drive, Etters, Pennsylvania, and am employed by the Pennsylvania Bar Institute. I am licensed to practice law in the Commonwealth of Pennsylvania. I am a citizen of the United States of America and speak, read, and write the English language. I have no interest adverse to that of the minor child, Helena Martins Augusto. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which the minor child has an interest; nor am I the surety or officer or employee of a corporate surety of such fiduciary. Date: g ,,2 7 ~ o PAMELA DAVIES SM H In re HELENA MARTINS : IN THE COURT OF COMMON PLEAS AUGUSTO, a minor :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT AS CO-GUARDIAN I, JORGE M. AUGUSTO, hereby consent to act as guardian of the estate of Helena Martins Augusto, a minor. I reside at 236 North 29`" Street, Camp Hill, Pennsylvania, and am an attorney, employed by the Commonwealth of Pennsylvania. I am licensed to practice law in the Commonwealth of Pennsylvania and in the State of Maryland. I am a citizen of the United States of America and speak, read, and write the English language. With the exception of my legal duty to support my minor child, I have no interest adverse to that of my daughter, Helena, the minor child. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which the minor child has an interest; nor am I the surety or officer or employee of a corporate surety of such fiduciary. It is not my intention to apply for an allowance for the support or education of the minor child during her minority. Date: ,Z Y M. AUGU O