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Home My WebLink About04-1023IN THE INTEREST OF: THE ESTATE OF DEREK COLE, A MINOR BORN JUNE 13, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE ESTATE OF A MINOR UNDER THE AGE OF FOURTEEN YEARS IN ACCORDANCE WITH 20 PA.CONS.STAT.§5111 AND FOR THE DEPOSIT OF FUNDS INTO A RESTRICTED BANK ACCOUNT TO THE HONORABLE, THE JUDGES OF SAID COURT: :3 C., c5 The Petition of Kathleen Goodlin respectfully states that: ~ 1. Petitioner Kathleen Goodlin is the mother of Derek Cole, a mifior who ~as born on July 20, 1993, and resides at 133 Allendale Way, Lower Allen Township, Cumberll~d CoWry' Pennsylvania, with Petitioner, Kathleen Goodlin, her husband, Scott F. G&)diin, an'ff her husband's minor children. 2. A guardian of the minor's estate is necessary because the minor is the beneficiary of the proceeds of an annuity, the REA Death Certain & Life 130 Month Annuity, on the life of his father, Willis Cole, which is now payable to him as the result of the marriage of his mother, Kathleen Goodlin, to Scott F. Goodlin, on October 21, 2000. It is the understanding of Petitioner that the monthly payment amount for this annuity is $224.56. The total that has accumulated since November, 2000, is approximately $10,554.32. Payment on the annuity ends sometime during the year 201 I. The Principal Life Insurance Company has taken the position that since the total amount that will be paid to the minor during the course of the annuity will exceed the sum of $10,000.00, the appointment ora guardian of the minor's estate to receive these funds is required. A copy of correspondence regarding this benefit received from Principal Life Insurance Company is attached hereto as Exhibit "A". 3. Kathleen Goodlin, the proposed co-guardian, is 40 years of age, resides at 133 Allendale Way, Lower Allen Township, Cumberland County, Pennsylvania, and is employed by Social Security Administration as an Assistant to Area Director. 4. F. Andrew Berdy, the proposed co-guardian, is 43 years of age, resides at 1704 Sherwood Road, New Cumberland Borough, Cumberland County, Pennsylvania, and is employed by The Patriot News Company as a design editor. 5. Kathleen Goodlin, the proposed co-guardian, is the natural mother of the minor and have no interest adverse to the minor. 6. F. Andrew Berdy, the proposed co-guardian ,is a close family friend of the family unit that includes the minor, his mother, and the minor's step-father and his children. F. Andrew Berdy has no interest adverse to the minor. 7. The minor's estate is composed of the above-mentioned annuity, the proceeds of which are currently being held by the Principal Life Insurance Group pending the appointment of a guardian for the minor's estate. WHEREFORE, Petitioners respectfully request that this Court appoint Kathleen Goodlin and F. Andrew Berdy as co-guardians of the estate of Derek Cole, a minor, and to authorize them to invest the proceeds of the annuity payable to the minor in restricted savings certificates and savings accounts, in lieu of entry of security in accordance with 20 Pa. Cons. Stat. §§5103 and 5122. Respectfully submitted by, Robert P. Kline, Esquire Attorney ID #58798 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070 (717) 770-2540 VERIFICATION I verify that the statements made in the foregoing Petition are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date Katl{leen Goodlin Financial Principal Life Groz/p Insurance Company February 5, 2004 Kline Law Office Attention: Robert P. Kline, Esquire 714 Bridge Street P.O. Box 461 New Cumberland, PA 17070-0461 Kathleen Go0dlin/Derck Cole Contract Number: 5-15144 Dear Mr. Kline: Thank you for sending me the Authorization For Release Of Records Or Information form for the above-named individual. Our records indicate Principal Life Insurance Company ("Principal Life") has a connection with Willis Cole and a retirement plan that is serviced by our Company, under Contract number 5-15144. He was a participant ora qualified retirement plan established through his employer, Borough of New Cumberland. Kathleen Cole was his spouse. Kathleen Cole started receiving a pre-retirement death benefit of $224.56 monthly on September 1, 1994. She was the spouse of Willis Cole. The Plan contained a remarriage provision, which states in the event the surviving spouse remarries, benefits to the spouse will cease. If there are minor children from the previous marriage, payments continue to the minor children, $224.56 monthly to be split equally, until they reach 18 years of age. It was reported to us Kathleen Cole remarried on October 21, 2000. Therefore, her last benefit payment was October 10, 2000. The reported date of birth for Derek Cole is July 20, 1993. Based on this information, Derek Cole is entitled to $224.56 monthly benefit retroactive to November 1, 2000 with benefits expiring on July 1,2011. This consists of 129 monthly payments of $224.56. The total benefit at expiration $224.56 x 129 months = $28,968.24. As of current date, Derek would receive retroactive payments from November 1, 2000 to February 1, 2004 totaling $224.56 x 40 months = $8,982.40. In order to start benefits for Derek Cole, a Guardianship of the Estate would need to be established. In addition, the Guardian would have to work with the Plan Sponsor of the Borough of New Cumberland to initiate the transaction. 711 High Street, Des Moinos, Iowa 50392-000~ (515)247-5111 Exhibit "A" Kline Law Office Page 2 February 5, 2004 Please feel free to call or write me with any additional questions you may have. Sincerel~y, .,?~, Michele Kleiber Paralegal Analyst Principal Life Insurance Company Law Department (515) 235-9847 FAX: (515) 248-3011 Cc: Jana Bruce Stephen Sultzaberger 1N THE INTEREST OF: THE ESTATE OF DEREK COLE A MINOR BORN JUNE 13, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT OF PROPOSED GUARDIAN We hereby consent to act as guardians of the estate of Derek Cole, a minor. Kathleen Goodlin resides at 133 Allendale Way, Lower Allen Township, Cumberland County County, Pennsylvania and is employed as an Assistant to Area Director with the Social Security Administration of Harrisburg, Pennsylvania. F. Andrew Berdy resides at 1704 Sherwood Road, New Cumberland Borough, Cumberland County, Pennsylvania, and is employed as a design editor for the Patriot News Company in Harrisburg, Pennsylvania. We are citizens of the United States and can speak, read and write the English language. We have no interest adverse to the minor. It is not the intention of the guardians to apply for an allowance for the support or education of the minor during minority. HLEEN GOODLIN, Proposed Guardian F. ANDREW BER~, Proposed Guardian THE ESTATE OF DEREK COLE A MINOR BORN JUNE 13, 1999 CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ~ ~1-- OM-]O~_3 DECREE AND NOW, this ! ~* day of ~/~ ,2004, upon consideration of the petition of Kathleen Goodlin and F. Andrew Berdy, it is hereby ordered and decreed that Kathleen Goodlin and F. Andrew Berdy are appointed co-guardians of the estate of Derek Cole, a minor. In lieu of the entry of security, the co-guardians are authorized and directed to invest the funds belonging to the above-named minor by depositing the sum received from the Principal Life Insurance Company in an interest-bearing money market account, in their names as co-guardians of the estate of the above-named minor, marked as follows: "Not to be withdrawn before July 20, 2014, except for payment of state and federal income taxes on the interest earned by the minor's estate or by order of court." Further, all additional monthly benefits to be received from the Principal Life Insurance Company for the benefit of the minor shall be paid directly into the above-described account by the co-guardians immediately upon receipt thereof. If no withdrawals (other than the payment of taxes above) are made from the investments authorized by this decree, the bank or savings institution may pay over the investments controlled by this Order when the minor attains his majority, on July 20, 2014, or in the event of the death of the minor, upon the joint order of the co-guardians and the executor of the estate of the late minor, without further order of Court. The co-guardians are directed to file an inventory within ninety (90) days of the date of this decree, in accordance with the provisions of 20 Pa. Cons. Stat. §5142. No additional assets, other than those addressed by this Order, are to be received by the co-guardians without further order of this Court. =" BY THE COURT: IN THE INTEREST OF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE ESTATE OF DEREK COLE, A MINOR BORN JULY 20, 1993 ORPHANS' COURT DIVISION NO. 21-04-1023 INVENTORY The Inventory of Kathleen V. Goodlin and F. Andrew Berdy, Co-Guardians ofthe Estate of Derek Cole, a minor, born July 20,1993, is as follows: Money Market Account, Fulton Bank Account No. 9904-85959 Initial Deposit from Principal: March 30, 2005 Interest Credit: April 28, 2005 Monthly Benefit from Principal: April 29, 2005 $ 12,126.24 11.75 224.56 Total Sum as of May 24, 2005 $ 12,362.55 Subsequent monthly payments from principal are expected in the amount of $224.56. We, Kathleen V. Goodlin and F. Andrew Berdy, Co-Guardians of the Estate of Derek Cole, hereby affirm that the above is a full, true and complete inventory of the assets which have come into our hands as co-guardians of the estate of the said minor. We verify that the statements made in this Inventory are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~2..U/os ~o.k\-\..u.x-.-- {, ~(.l 0 -!- KA LEEN V. GOODLIN Date Date ~~ F. ANDREW BE Y '>- DDDHIST DEMAND DEPOSIT DISPLAY HISTORY 1057 OS/24/05 Acct 9904-85959 Request ALLTRANS A .-------------------------------CRF WINDOW-------------------------------. I DEREK J COLE Alpha-key GOODLKV.Ol: S I KATHLEEN V GOODLIN GUARDIAN & TIN 210-44-6784 i - * : F ANDREW BERDY GUARDIAN Birth date 09/08/1964: 4 * I NO WID CRT ORDR 7/20/2011 Horne phone 717-763-9167 I 4 I 133 ALLENDALE WAY Work phone 717-782-3761 i 5 : CAMP HILL PA 17011-8401 I 9 I -------Account Holders-------- --Acct Rel-- -----Dernand Deposit----- I 6 I KATHLEEN V GOODLIN PRIMARY Branch 0052 Area 0052 I I F ANDREW BERDY CO-HOLDER Officer 863 Class 30002 : i DEREK J COLE BENEFICIARY I 5 I I I I : -------------------Custorner Cornrnents------------------- -Ernp- --Date-- : I I I I I (NO COMMENTS ON FILE FOR THIS CUSTOMER.) i I I I I I 1 T o I : 04 C I I I I I F3~Exit : ,------------------------------------------------------------------------, DDDHIST Demand Deposit Display History Acct 9904-85959 Alpha key GOODLKV.Ol Request ALLTRANS Last stmt 04/27/05 S --Date-- * 03/30/05 * 03/30/05 04/28/05 04/28/05 04/29/05 04/29/05 ----Description----- -Serial Nbr- DEPOSIT DAILY BALANCE INTEREST CREDIT DAILY BALANCE RPS-PRINCIPAL PRINCIPAL 050429 000009762-001 DAILY BALANCE DDDHISTBAL _ DDDHISTREQ Only one page of information. COMMAND ===> -Reference- 02952903450 00000000000 00077900000 DDDMAIN 1057 OS/24/05 ------Amount------ 12,126.24 12,126.24 11.75 12,137.99 224.56 12,362.55 DDDACCT DDDINT GN20000I04 F2=Retrieve F3=Exit F4=CRFwindow