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HomeMy WebLinkAbout04-1095IN RE: Appointment of : Guardian for the Estate : Paul Roland Syverson IV, : A Minor : and Confirmation of : Appointment of Trustee : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. ORPHAN'S COURT DIVISION No. c~ -©q -logs- PETITION TO CONFIRM TRUSTEE AND GUARDIAN OF THE ESTATE Jacquelyn E. Syverson by and through her attorney, William A. D '~ufi&an, Es~ire, ~es upport th this Petition and sets forth facts in s ereof as follows: 1. Paul Roland Syverson III died testate June 16, 2004, a resident of So~h Middleton Township, Cumberland County, Pennsylvania, leaving to survive him hi$~wife, Jacquelyn E. Syverson, and his son, Paul Roland Syverson IV a minor, bom May 7, t997, who reside at 56 Fairview Street, Carlisle, Pennsylvania, Cumberland County, Pennsylvania. 2. The mother of Paul Roland Syverson IV is Jacquelyn E. Syverson who currently resides at 56 Fairview Street, Carlisle, Pennsylvania, Cumberland County, Pennsylvania. 3. The Petitioner is Jacquelyn E. Syverson mother of Paul Roland Syverson IV, a sui juris individual who resides at 56 Fairview Stxeet, Carlisle, Pennsylvania, Cumberland County, Pennsylvania.. 4. Letters Testamentary were issued by the Register of Wills of Cumberland County, Pennsylvania under Estate No. 21-04-0869 on September 27, 2004 to Jacquelyn E. Syverson. A copy of the Will and Letters Testamentary is attached hereto, incorporated herein by reference and marked Exhibit "A". 5. Under ¶ 6 the Last Will and Testament of Paul Roland Syverson Ill, Jacquelyn E. Syverson was named as Executor. 6. Under ¶ 5 of the Last Will and Testament, Jaequelyn E. Syverson was named as Trustee for property passing to Paul Roland Syverson IV. 7. A Guardian and Trustee for the Estate of Paul Roland Syverson IV, a minor, must be appointed in order to receive the funds passing outside the probate estate of Paul Roland Syverson III. 8. Jacquelyn E. Syverson, the natural mother of Paul Roland Syverson IV, a minor, hereby consents to this Petition. Furthermore, Jaequelya E. Syverson hereby requests that it not be necessary to post a bond in connection with her duties as Trustee and Guardian of the Estate of Paul Roland Syverson IV. 9. Notice has been given to the United States Army regarding the death of Paul Roland Syverson III. Insurance under the Veterans Group Life Insurance Pmgnun (VGLI) in the amount of $25,000 is payable to the ceurt appointed Guardian or Conservator of his estate. A copy of the letter fi.om the VGLI is attached hereto, incorporated by reference and marked Exhibit 10. The Petitioner herein request that she be appointed Guardian of the Estate of Paul Roland Syverson IV for any and all assets passing outside the probate estate of Paul Roland Syverson III to Paul Roland Syverson IV whether they be proceeds fi.om Life Insurance policies, VGLI proceeds, annuities or IRA accounts or other funds or assets or inheritances at any time. The parties hereto understand and agree that Social Security Benefits and SBP death benefits shall be payable to Jacquelyn E. Syverson as Guardian of the Person of Paul Roland Syverson IV. NOW THEREFORE, Petitioner herein prays this Honorable Court confirm her as Trustee for Paul Roland under the Last Will and Testament of Paul Roland Syverson III and appoint her as Guardian of the Estate of Paul Roland Syverson IV, a minor, for all other assets passing outside the probate estate or otherwise until the minor achieves the age of eighteen years. Respectfully submitted, William A. Duncan, Esquire DUNCAN & HARTMAN, P.C. 1 Irvine Row Carlisle, PA 17013 (717) 249-7780 Attorney 1D#22080 Dated: November 2-/0 ,2004 Verification The undersigned, having read the attached Petition, hereby verifies that the facts set forth therein are tree and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 218 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Jacc/u~lyn 1~ Syvers~fi as NaturallMother and Proposed Guax~an and Proposed Trustee for the Estate of Paul Roland Syverson III for Paul Roland Syverson IV, a minor REGISTER OF WILLS CUMBERLAND County, Pennsylvania CERTIFICATE OF GRANT OF LETTERS No. 2004- 00869 PA No. Estate Of: SYVERSON PAUL RIll )Last, First, Middle) 21-04-0869 Late Of: SOUTH MIDDLETON TOWNSHIP CUMBERLAND COUNTY Deceased Social Security No: 348-74-9252 WHEREAS, on the 27th day of September 2004 an instrument dated October 17th 2001 was admitted to probate as the last will of SYVERSON PAUL R III )Last, First, Middle) late of SOUTH MIDDLETON TOWNSHIP. CUMBERLAND County, who died on the ldth day of June 2004 and, WHEREAS, a true copy of the will as probated is annexed hereto. THEREFORE, I, GLENDA FARNER STRASBAUGH , Register of Wills in and for CUMBERLAND County, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARY to: SYVERSON JA COUEL YN E who has duly qualified as EXECUTOR(RIX) and has agreed to administer the estate according to law, all of which fully appears of record in my office at CU/WB£RLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 27th day o£September 2004. **NOTE** ALL NAMES ABOVE APPEAR (LAST, FIRST, MIDDLE) (c) If my wife does not survive me and there shall be no issue of mine then living, my residuary estate shall be paid and distributed to those of my father PAUL R. SYVERSON JR and JOYCE SYVERSON who survive me, in equal shares. (d) If none of the beneficiaries described above shall survive me, then I give my residuary estate to those who would take from me as if I were then to die without a will, unmam'ed and the absolute owner of my residuary estate, and a resident of the State of Illinois. FIFTH: If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: distribute the whole or any part of such property to the beneficiary; or use the whole or any part for the health, education, maintenance and support of the beneficiary; or distribute the whole or any part to a guardian, committee or other legal representative of the beneficiary, or to a custodian for the beneficiary under any gifts to minors or transfers to minors act, or to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary is a minor, my Executor may defer the distribution of the whole or any part of such property until the beneficiary attains the age of eighteen (18) years, and may hold the same as a separate fund for the beneficiary with all of the powers described in Article SEVENTH hereof. If the bene- ficiary dies before attaining said age, any balance shall be paid and distributed to the estate of the beneficiary. SIXTH: I appoint my wife JACQUELYN E. SYVERSON to be my Executor. If my wife does not survive me, or shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my friend JAMES S. TRESOUTHICK as my Executor. If my friend JAMES S. TRESOUTHICK shall fail to qualify for any reason as my Executor, or having qualified shall die, resign or cease to act for any reason as my Executor, I appoint my fiiend PAUL A. ARNDT as my Executor. I direct that no Executor shall be required to file or furnish any bond, surety or other security in any .jurisdiction. SEVENTH: I grant to my Executor all powers conferred upon executors wherever my Executor may act. I also grant to my Executor power to retain, sell at public or private sale, exchange, grant options on, invest and reinvest, and otherwise deal with any kind of property, real or personal, for cash or on credit; to borrow money and encumber or pledge any property to secure loans; to hold property in bearer form or in the name of a nominee; to divide and distribute property in cash or in kind; to exercise all powers of an absolute owner of property; to incorporate any business and hold any interests in corporations; to vote stock or securities, in person or by proxy; to exercise subscription and conversion fights, and to participate or refuse to participate in any reorganization, recapitalization, merger, consolidation, liquidation, dissolution or other action with respect to any corporation; to transfer any business or property to a partnership and to be a general or limited partner; to compromise and release claims with or without consideration; to execute and deliver deeds and other instruments, 2 including releases; and to employ attorneys, accountants and other persons for services or advice. The term "Executor" wherever used herein shall mean the executors, executor, executrix or administrator in office from time to time. EIGHTH: I direct that for purposes of this will a beneficiary shall be deemed to predecease me unless such beneficiary survives me by more than thirty days. The terms "child", "children" and "issue", as used in this will, include children and issue hereafter bom. NINTH: If my wife shall not survive me, I appoint my father-in4aw DONALD KIRK to be the Guardian of the person and property of any children of mine who have not attained the age of majority. If my father-in-law DONALD KIRK shall fail or cease to act as Guardian, I appoint my father PAUL R. SYVERSON JR as Guardian. No Guardian shall be required to file or furnish any bond, surety or other security in any jurisdiction. TENTH: I have served in the Armed Forces of the United States. I therefore request that my Executor make appropriate inquiries to ascertain whether there are any benefits to which I, my dependents or my heirs may be entitled by virtue of any military affiliation. I specifically request that my Executor consult with a retired affairs officer at the nearest military installation, the Department of Veterans Affairs, and the Social Security Administration. IN WITNESS WHEREOF, I, PAUL R. SYVERSON III, sign my name and publish and declare this instrumont (consisting of four pages, including this page) as my last will and testament this I t day of October, 2001. I also have affixed my initials on the bottom of each of the preceding pages hereof. PAUL R. SYVERSON III The foregoing instrument was signed, published and declared by PAUL R. SYVERSON IH, the above-named Testator, to be his last will and testament in our presence, all being present at the same time, and we, at his request and in his presence and in the presence of each other, have subscribed our names as witnesses on the date above written. having an address at having an address at AFFIDAVIT OF WITNESSES WITH THE UNITED STATES ARMED FORCES AT FORT CAMPBELL, KENTUCKY, SS. ~, . · Each of the undersigned, _0~£o4~,~.~._.g~.' having an address at xdd.~.4,'_, _. _~ ~z~,k_~Y(.2 having an address at_ respectively, being individually and severally duly sworn, did ~e~s~ -~d- ~a~'~hat: Th; foregoing last will and testament was subscribed in our presence and sight by PAUL R. SYVERSON III, the Testator named therei,n, ff, The undersigned witnessed the execution of said will of PAUL R. SYVERSON III on the /'7 day of October, 2001. At the time the instrument was so subscribed, the Testator declared said instrument to be his last will and testament. The undersigned thereupon signed their names as witnesses at the end of said will at the request of the Testator, in the presence of the Testator and each other. At the time of so executing said will, in our respective opinions, the Testator was at least eighteen years of age, and was of sound mind, memory and understanding, under no constraint, duress, fraud or undue influence, and in no respect incompetent to make a valid will In our respective opinions, the Testator was able to read, write and converse in the English language, and was not suffering from any defect of sight, hearing or speech, or from any other physical or mental impairment which would affect his capacity to make a valid will. Each of us was acquainted with the Testator, and we make this affidavit at his request. Said will was shown to us at the time this affidavit was made, and we examined it as to the signature of the Testator and our signatures. Said will was executed as a single, original instrument, and not in counterparts. W~ess Witness Subscribed. sworn to and acknowledged b.eaV~re .m,e and subscribed and swom to before me by the said ~r~t_ c,,.~r_ o0ttd_ -~'~k~_ e'._t,~.,q~/_~ _ _ ~r, 2001 Officer I, the undersigned officer, do hereby ce~dfy that I am, on the date of this certificate, a person with the. power ~escribed h Title 10 U.S.C. 1044a of the grade, ~ranc, b~service, and organization stated below in the active serwce of the Umted States Armed Forces, and that by,.,~a etj~f~g~ seal_.i~_.mq~r64~m this certificate, under authority granted to me by Title 10 U.S.C. 1044a. . FRAN~S~I~AW, Jud}e"W~ CPT, ~.S. Army HHC, 5th SFG(A) OFFICE OF SERVICEMEMBERS' GROUP LIFE INSURANCE 290 W. Mount Pleasant Avenue, Livingston, NJ 07039-2747 800-419-1473 (US, Puerto Rico, St. Thomas, St. Cmix, Canada), 973-548-5699 (Other) Fax Numbers: 800-236-6142, 877-832-4943 (Claims), 973-548-5300 July 2, 2004 JACQUELYNE E SYVERSON 1219B COUNE ST FORT CAMPBELL KY 422233500 Re: 105-47477 Dear Mrs. Syverson: Thank you for notifying our office of Paul Syverson's death. Please accept my sincere condolences for your loss. I assure you that we will do everything possible to make the claim for death benefits go smoothly. Benefit Amount and Distribution As of June 16, 2004 Paul Syverson was insured for $250,000.00 under Servicemembers' Group Life Insurance (SGLI). designated Paul Roland Syverson 1V the beneficial, and specified that this beneficiary is to receive a share of $25,000.00 of the total benefit amount What to Do if the Beneficiary Is a Minor Our records indicate that Paul Roland Syverson IV may not be of legal age. If this is the case, the insurance proceeds must be paid to a court-appointed guardian or conservator of the minor's estate or property. If no guardian or conservator is to be appointed, the funds will be held by our office -- the Office of Servicemembers' Group Life Insurance (OSGLI) -- under a Letter of Indebtedness until the minor reaches legal age. Ifa guardian or conservator is appointed at a later date, OSGLI can hold the funds under a Letter of Indebtedness until we receive Letters of Guardianship or Letters of Conservatorship. The funds will earn interest from the date of the insured's death to the date of distribution. To obtain a Letter of Indebtedness, please call OSGLI at the number below. If Paul Roland Syverson IV is a minor, please provide us with the following documentation, as appropriate: · Letters of Guardianship or Letters of Conservatorship (depending on state requirements), which can be obtained from the county probate or surrogate court of the state in which the minor permanently resides · Claim for Death Benefits form, SGLV 8283 (enclosed), to be completed by either the guardian or conservator · The minor's Social Security number · Copy of the minor's birth certificate As indicated in section IV of the Claim Form, there are two options, (A) Lump Sum - the benefit is paid in One Sum (B) 36 Monthly Installments - the benefit will be sent to you in 36 equal monthly installments with the first payment due as of the date of death. have enclosed a postage-paid reply envelope for your convenience. Thank you for your patience. If you have questions about the information I've asked you to supply, please call me at (800) 419-1473, extension 3963, between 8:00 a.m. and 5:00 p.m. Eastern time, Monday through Friday. For your convenience, you can also send me a fax at (877) 832-4943 or you can email me at osgli.claims~prudential.com. Sincerely, Maria Reis Mafia Reis Claims Examiner IN RE: APPOINTMENT OF : GUARDIAN FOR THE ESTATE : OF Paul Roland Syverson IV : A MINOR AND CONFIRMATION OF : APPOINTMENT OF TRUSTEE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION ORDER OF COURT AND NOW, this day of .~ ~ November, 2004 upon consideration of the Petition To Confirm Trustee and Guardian of the Estate, Jacquelyn E. Syverson is appointed Trustee and Guardian of the Estate of Paul Roland Syverson IV and specifically with respect to life insurance proceeds payable to Paul Roland Syverson IV under insurance policies on the life of Paul R. Syverson l]I and as to any other assets passing to Paul Roland Syverson IV as a result of the death of Paul Roland Syverson III or otherwise. BY THE COURT, Cumberland County - Register Of Wills One Courthouse Square Carlisle, PA 17013 Phone: (717) 240-6345 Date: 11/01/2005 ERNICO JEFFREY A 3401 N FRONT ST PO BOX 5950 . HARRISBURG, PA 17110-0950 RE: Estate of ADLER ALICE F File Number: 1994-01095 Dear Sir/Madam: It has come to my attention that you have not filed the Status Report by Personal Representative (Rule 6.12) in the above captioned estate. As per the AMENDMENTS TO SUPREME COURT ORPHANS' COURT RULES, NO. 103 SUPREME COURT RULES DOCKET NO.1, for decedents dying on or after July 1, 1992, the personal representative or his counsel, within two (2) years of the decedent's death, shall file with the Register of Wills a Status Report of completed or uncompleted administration. This filing is due by: 12/09/2005 Your prompt attention to this matter will be appreciated. Thank You. Sincerely, IA . ,~;....! ~&.ikJ ~ ".. ...",,,,,..~ J.." ~O- GLENDA FARNER STRASBAUGH REGISTER OF WILLS cc: File Personal Representative(s) Judge Vk