Loading...
HomeMy WebLinkAbout04-1169IN RE: SARAH C. STONER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION :No. 2004-11~q ORDER OF COURT AND NOW, this ~ day of consideration of the within Petition to Appoint a Guardian, upon filed by Sarah C. Stoner, a minor, over the age of fourteen (14), and Max E. Stoner Natural Father of Sarah C. Stoner, and no hearing being required for Court action, it is hereby ordered and decreed as follows: 1. Dale F. Shughart, Jr., Esquire and Samuel L. Andes, Esquire are appointed Guardians of the Estate of Sarah C. Stoner, a minor. 2. No Bond is required. By the/Court, Jo IN RE: SARAH C. -- a minor TO THE HONO~LE, STONER, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : No, 2oo4-//&? cr::-~:' PETITION TO APPOINT A OUARDIAN ~2/~', OF THE ESTATE OF A MINOR UNDER ~BATE, ESTATES & FIDUCIARIES CODE §5111 et seq. THE G-0'DGES OF SAID COURT: AND NOW, come your Petitioner, Sarah C. Stoner, a minor over the age of fourteen (14) years, and Max E. Stoner, her Father, by and through Dale F. Shughart, Jr., Esquire, and respectfully represents as follows: 21, 1988, who resides at 17070 with Max E. Stoner, 2. Sarah's Mother, Sarah C. Stoner is a minor child, age 16 years, born March 317 Woodland Avenue, New Cumberland, PA her Father. Joan M. Stoner, died on July 17, 2004. 3. Max E. Stoner, Father of Sarah C. Stoner, 317 Woodland Avenue, New Cumberland, PA 17070, Petition to evidence his consent to the Petition. who resides at joins in this 4. No Guardian of the Estate of Sarah C. Stoner was appointed in any conveyance under §5115 of the PEF Code, and no Guardian of her estate has heretofore been appointed by any court of any jurisdiction. 5. The Last Will and Testament of Joan M. Stoner, dated November 4, 2002, has been duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, to Estate No. 21-2004-0569. Jennifer L. Stoner, daughter of Joan M. Stoner, and Dale F. Shughart, Jr., were appointed Executors of the Estate pursuant to the Will. The Last Will and Testament of Joan M. Stoner designated Dale F. Shughart, Jr. and Samuel L. Andes, as co-Trustees for the benefit of Jennifer L. Stoner and Sarah C. Stoner as to all property passing under the Last Will and Testament of Joan M. Stoner, and otherwise by beneficiary designation, except household goods and furniture specifically bequeathed to said children. 7. The said Dale established the Joan M. assets passing under Fo Shughart, Jr. and Samuel L. Andes have Stoner Trust Under Will into which certain the Will and otherwise by Beneficiary Designation have been distributed to them. 8. Unfortunately, although Joan M. Stoner executed and mailed Change of Beneficiary Designations on certain retirement plans and life insurance policy, naming the Trustees under her Will as beneficiaries thereof, the Trustees have been advised by the companies holding/managing such assets that the Change of Beneficiary Designations were not received, and that the designated beneficiaries of said policies/plans are Jennifer L. Stoner and Sarah C. Stoner, equally. 9. The assets to be distributed to Jennifer L. Stoner, have been distributed to her. The Trustees have been advised that the assets passing by Beneficiary Designation to Sarah C. Stoner, a minor, will not be distributed without the appointment of a Guardian of her estate. 8. The proposed Guardians are: Dale F. Shughart, Jr., Esquire 35 East High Street, Suite 203 Carlisle, PA 17013 Age: 57 Samuel L. Andes, Esquire 525 North 12th Street Lemoyne, PA 17043 Age: 58 Dale F. Shughart, Jr. is unrelated to the minor child, but is a close personal acquaintance, is co-Trustee designated under the Last Will and Testament of Joan Mo Stoner, and is Successor Custodian to Joan M. Stoner for funds held for the benefit of Sarah C. Stoner at M & T Bank under the Pennsylvania Uniform Transfers To Minors Act. Dale F. Shughart, Jr., Esquire is also co-Executor of the Estate of Joan M. Stoner. Samuel L. Andes, Esquire, is unrelated to the minor child but is a personal acquaintance and was the attorney for Joan M. Stoner during her lifetime, and is co-Trustee Will and Testament of Joan M. Stoner. 9. An itemization of the assets, value of the assets of Sarah C. Stoner, the Guardianship, to the best of the belief of the proposed Guardians are: 1. CIGNA Group Life Insurance, designated under the Last location and approximate which will be subject to knowledge, information and 2 o Life Insurance Co of North America Policy #12551235 CIGNA Pension Plan, GR-4628 Lump Sum Death Benefit Prudential Retirement $24,530.25 $ 6,650.00 -3- 3. Intracorp 401K Plan GR-09450 Prudential Retirement 4. CIGNA 401K Plan, GR-10867 Prudential Retirement* 5. Vanguard Roth IRA, Acct #9931969062 Vanguard Group * It is the intention of the proposed Guardians to convert the CIGNA 401K into a "Stretch IRA" whereby the account will be paid out directly to the Beneficiary in annual installments during her lifetime, in accordance with IRS regulations. Any portion or all of the funds may also be withdrawn at anytime by the Beneficiary after she reaches age 18. $ 3,700.00 $19,350.00 $ 2,600.00 10. Based upon the foregoing, it is estimated that the Guardians would receive cash assets to invest on behalf of Sarah C. Stoner with an approximate value of $37,480.25, and assets to convert into a Stretch IRA with an approximate value of $19,350. These sums are insufficient to justify the expense of appointing an authorized qualified PA fiduciary which would charge a fee to act as Guardian. 11. Attached hereto as Exhibit "A" is executed by Dale F. Shughart, Jr., Esquire, written consent evidencing his Sarah C. Stoner, willingness to act as Guardian of the Estate of without compensation. 12. Attached hereto is Exhibit "B" is written consent executed by Samuel L. Andes, Esquire, evidencing his willingness to act as Guardian of the Estate of Sarah C. Stoner, without compensation. -4- 13. In accordance with §5122(d) the Court may dispense with the requirement of a Bond when, for cause shown, it finds that no Bond is necessary. The two proposed Guardians are both licensed attorneys in the Commonwealth of Pennsylvania, are respected members of the Pennsylvania Supreme Court Bar, and were designated by Joan Mo Stoner to act as her Trustees without Bond. The only the Beneficiary the assets set reason that a Guardian is necessary is because Designation forms naming the Trustees to receive forth above were not properly submitted. 14. Further, the Last Will and Testament of Joan expressly provides in Item VIII thereof as follows: Stoner I direct that my personal representatives and fiduciaries shall not be required to give bond for the faithful performance of their duties in any jurisdiction. (emphasis added) 15. No hearing is required for disposition of this Petition. WHEREFORE, Petitioners respectfully request Your Honorable Court to enter an Order appointing Dale F. Shughart, Jr., Esquire, and Samuel L. Andes, Esquire, Guardians of the Estate of Sarah C. Stoner, a minor, and to dispense with the requirement of a Bond. R.~spectfully.~ed, Supreme Court I.D. ~9373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 -5- VERIFICATION Sarah C. Stoner and Max E. Stoner hereby verify that the facts set forth in the foregoing Petition are true and correct to the best of their knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. -6- IN RE: SARAH C. STONER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 2004- CONSENT Dale F. Shughart, Jr., Esquire, an attorney licensed to practice law in the Commonwealth of Pennsylvania, hereby consents to be appointed as Guardian of the Estate of minor. He further warrants and represents adverse to the minor. Sarah C. Stoner, a he has no interest IN RE: SAR-AH C. STONER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 2004- CONSENT Samuel L. Andes, Esquire, an attorney licensed to practice law in the Commonwealth of Pennsylvania, hereby consents to be appointed as Guardian of the Estate of Sarah C. Stoner, a minor. and represents he has no interest adverse to He further warrants the minor. ~_~amue 1 L .~'A~nde s