HomeMy WebLinkAbout02-0356IN RE:
JESSE L. STONE and
AMBER N. STONE,
Minor Children
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
L . ORDER OF COURT
AND NOW, this day of , 2002, upon
consideration of the Petition of Terri A. Shirk, natural mother
of Jesse L. Stone and Amber N. Stone, minor children, and no
hearing being required for Court action pursuant to 20 Pa.C.S.
5101, it is hereby ordered and decreed as follows:
A. Pursuant to 20 Pa.C.S.5101, the Pre-Retirement Death
Benefit distributions from I.B.E.W. Local No. 143 for the benefit
of Jesse L. Stone and Amber N. Stone, minor children of Fred Lee
Stone, Jr., deceased, shall be made to Terri A. Shirk, as
custodian, without the appointment of guardians of the Estates of
Jesse L. Stone and Amber N. Stone.
B. Terri A. Shirk have all rights and responsibilities of a
custodian under the Pennsylvania Uniform Transfers to Minors'
Act, 20 Pa.C.S. 5301 et seq. and shall not be required to post a
bond or otherwise enter security for the proper performance of
her duties.
C. The initial Pre-Retirement Death Benefit payments for
the benefit of Jesse L. Stone and Amber N. Stone, covering the
period from November 1, 2001 through the date of this Order,
shall be distributed directly to Terri A. Shirk, as custodian.
She shall have an obligation to pay equally from each child's
: ORPHAN' COURT DIVISION
share the reasonable attorney fees of Dale F. Shughart, Jr.,
Esquire and costs associated with this proceeding, and shall
deposit the remaining balance of such initial payments in the
children's PA UTMA saving accounts, Jesse's being Cornerstone FCU
Account No. 911701 and Amber's being Cornerstone FCU Account No.
911801.
D. Terri A. Shirk, as custodian, is authorized and directed
to execute appropriate forms to enable the future monthly
payments for the children to be deposited directly in their PA
UTMA savings accounts. Terri A. Shirk, as custodian, is further
authorized to move funds between the saving accounts and
Certificate of Deposit accounts of the children to maximize the
interest earned.
By the ~
-2-
IN RE:
JESSE L. STONE and
AMBER N. STONE,
Minor Children
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN' COURT DIVISION
: NO. 21-02-
PETITION PURSUANT TO SECTION 5101 OF THE PROBATE,
ESTATES & FIDUCIARIES CODE TO ALLOW DISTRIBUTION OF
EMPLOYEE PRE-RETIREMENT DEATH BENEFITS TO NATURAL MOTHER
AS CUSTODIAN FOR MINOR CHILDREN, WITHOUT THE
APPOINTMENT OF A GUARDIAN
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes your Petitioner, Terri A. Shirk, on behalf of
her son, Jesse L. Stone, and her daughter, Amber N. Stone, by the
children's attorney, Dale F. Shughart, Jr., Esquire, and
respectfully represents as follows:
1. Your Petitioner is Terri A. Shirk, an adult individual,
who resides at 185 Peakview Road, York Springs, Adams County,
Pennsylvania 17372.
2. Your Petitioner is the natural mother of Jesse L. Stone,
a minor, born January 28, 1986, Social Security No. 179-66-9597
and Amber N. Stone, a minor, born February 16, 1987, Social
Security No. 178-68-1163.
3. Jesse L. Stone and Amber N. Stone reside with their
natural mother at 185 Peakview Road, York Springs, PA 17372.
4. The natural father of Jesse L. Stone and Amber N. Stone
was Fred Lee Stone, Jr., Social Security No. 168-48-3064, who
died on October 14, 2001, a resident of Cumberland County,
Pennsylvania, with a mailing address of 329 North East Street,
Carlisle, PA 17013.
5. Letters of Administration in the Estate of Fred L.
Stone, Jr., have been issued to his mother, Anna Stone, to Estate
No. 21-02-0247.
6. Fred L. Stone, Jr. was a member of International
Brotherhood of Electric Workers Local No. 143 (IBEW Local 143).
By virtue of his death his children are entitled to
Pre-Retirement Death Benefits through IBEW Local 143 Pension
Fund, as confirmed by letter from IBEW Local 143 attached hereto,
made a part hereof, and marked Exhibit "A".
7. The payment schedule for Jesse L. Stone is the sum of
$234.28 per month, effective November 1, 2001, and terminating on
his 18th birthday. A total of 27 payments will be made for the
benefit of Jesse L. Stone, such payments totaling $6,325.56.
8. The payment schedule for Amber N. Stone is the sum of
$234.28 per month, effective November 1, 2001, through her
brother Jesse's 18th birthday. A total of 27 such payments will
be made for the benefit of Amber N. Stone, such payments totaling
$6,325.56. Thereafter, further payments are to be made for the
benefit of Amber N. Stone, commencing February 1, 2004 in the sum
of $468.56 per month and terminating on her 18th birthday. A
total of 13 such payments of $468.56 each will be made for the
benefit of Amber N. Stone, a total of $6,091.28. The total
payments for the benefit of Amber N. Stone, therefore, will be
the sum of $12,416.84.
9. Copies of confirmation of the Pre-Retirement Death
Benefits for the benefit of Jesse L. Stone and Amber N. Stone are
attached hereto, made a part hereof, and marked Exhibits "B" and
II C II
10. The Court of Common Pleas of Cumberland County,
Orphans' Court Division has jurisdiction of this matter by virtue
of having jurisdiction of the Decedent's Estate.
11. The total amount of the benefits payable for each minor
child is less than $25,000, and therefore the Court may award
distribution to a parent without appointment of a guardian or the
entry of security pursuant to 20 Pa. C.S.5101.
12. No hearing is required prior to entry of an Order
pursuant to 20 Pa.C.S. 5101.
13. In addition to the Pre-Retirement Death Benefits as set
forth in this Petition, Terri A. Shirk has received an additional
death benefit of $6,250 from IBEW Local 143 which was payable to
Terri A. Shirk as custodian for her children. A copy of the
transmittal letter is attached hereto, made a part hereof, and
marked Exhibit "D"
14. Terri A. Shirk has established a Certificate of Deposit
for Jesse at Cornerstone Federal Credit Union in the amount of
$3,100, Certificate of Deposit No. 911710, established under the
Pennsylvania Uniform Transfers to Minors' Act (PA UTMA), 20
Pa.C.S. 5301 et seq. In addition, she has established a PA UTMA
savings account at Cornerstone, No. 911701, in the amount of $25.
15. Terri A. Shirk has established a Certificate of Deposit
for Amber at Cornerstone Federal Credit Union in the amount of
-3-
$3,100, Certificate of Deposit No. 911810, established under the
Pennsylvania Uniform Transfers to Minors' Act (PA UTMA), 20
Pa.C.S. 5301 et seq. In addition, she has established a PA UTMA
savings account at Cornerstone, No. 911801, in the amount of $25.
16. If Your Honorable Court authorizes distribution of the
payments without appointment of a guardian, payments may be made
by direct deposit into the PA UTMA saving accounts of the
children, Terri A. Shirk, the natural mother, being subject to
the duties of a custodian under the PA UTMA, as aforesaid.
17. It is believed that the most efficient way to expedite
the receipt and proper investment of sums payable for the benefit
of the minor children will be for the Court to dispense with the
appointment of a Guardian for the children pursuant to 20 Pa.C.S.
5101 and to authorize distribution to Terri A. Shirk, as
custodian for the minor children, with authorization and
direction to invest the sums in Cornerstone FCU in the above
referenced accounts pursuant to PA UTMA.
WHEREFORE, Your Petitioner prays Your Honorable Court to
order and direct as follows:
A. Pursuant to 20 Pa.C.S.5101, the Pre-Retirement Death
Benefit distributions from I.B.W.E. Local No. 143 for the benefit
of Jesse L. Stone and Amber N. Stone, minor children of Fred Lee
Stone, Jr., deceased, shall be made to Terri A. Shirk, as
custodian, without the appointment of guardians of the Estates of
Jesse L. Stone and Amber N. Stone.
-4-
B. Terri A. Shirk have all rights and responsibilities of a
custodian under the Pennsylvania Uniform Transfers to Minors'
Act, 20 Pa.C.S. 5301 et seq. and shall not be required to post a
bond or otherwise enter security for the proper performance of
her duties.
C. The initial Pre-Retirement Death Benefit payments for
the benefit of Jesse L. Stone and Amber N. Stone, covering the
period from November 1, 2001 through the date of this Order,
shall be distributed directly to Terri A. Shirk, as custodian.
She shall have an obligation to pay equally from each child's
share the reasonable attorney fees of Dale F. Shughart, Jr.,
Esquire and costs associated with this proceeding, and shall
deposit the remaining balance of such initial payments in the
children's PA UTMA saving accounts, Jesse's being Cornerstone FCU
Account No. 911701 and Amber's being Cornerstone FCU Account No.
911801.
D. Terri A. Shirk, as custodian, is authorized and directed
to execute appropriate forms to enable the future monthly
payments for the children to be deposited directly in their PA
UTMA saving accounts. Terri A. Shirk, as custodian, is further
authorized to move funds between saving accounts and Certificate
-5-
of Deposit accounts of the children to maximize the interest
earned.
Respectfully submitted,
bale'P Shush
Supreme Cou~J~
35 East High S
Carlisle, PA
(717) 241-4311
'~73
?eet, Suite 203
7013
VERIFICATION
Terri A. Shirk hereby verifies that the facts set forth in
the foregoing Petition to Allow Distribution are true and correct
to the best of her 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.
DATE: April 5, 2002
-6-
I. B. E. W. LOCAL No. 143 BENEFIT FUNDS
2207 Forest Hills Drive, Suite 14 · P.O. Box 6480 · Harrisburg, PA 17112-0480
(717) 671-8551 · FAX (717) 671-8602
D.H. Ev^~s ASSOC~ATr. S, INC.
Contract Administrator
December 17, 2001
Terri A. Shirk
185 Peakview Road
York Springs, PA 17372
RE: IBEW Local #143 Pension Fund
Dear Ms. Shirk:
We are the Contract Administrator for the [BEW Local No. 143 Pension Fund. Your former
husband, Fred Stone, at the time of his death was a participant in,the IBEW Local No. 143 Pen-
sion Fund. Under the terms of the Plan, if a Participant is not survived by an Eligible Spouse at
the time of his death, there is a death benefit payable to the Participant's minor children. The
Fund's records indicate that Mr. Stone was survived by two minor children--i.e., Jessie and
Amber--and the Fund's records further indicate that you are their mother.
Under the terms of the Plan, Jessie and Amber are each entitled to receive a monthly benefit until
their 18th birthday. Each will receive one-half of the "total payable benefit" (i.e., $_234.28 to
Jessie, and $234.28 to Amber) until Jessie reaches age 18. At Jessie's 18th birthday, the entire'
amount will be payable to Amber until she reaches age 18.
Under the law, in order for the Plan to commence payment of benefits to Jessie and Amber, we
will have to receive a Court Order appointing you, or some other adult, as guardian of Jessie and
Amber, or a Court Order pursuant to the Pennsylvania Consolidated Statutes Title 20: Decedents
Estates and Fiduciaries, 20 Pa.C.S. §5101, indicating that the appointment of a guardian for
Jessie and Amber is not required.
Should you have any questions regarding this matter, please call me.
Sincerely,
Ji~M. Sheetz
D.H. Evans Associates, Inc.
Contract Administrator
JMS
DHE ltr to Terri Shirk
I.B.E.W. Local No. ! 43 Pension Fund
OPTION FOR]vi
P.O. Box 6480, Harrisburg, PA 17112
717-671-8551
December 8, 2001
Mr. Jesse L Stone
C/O Terri Shirk, Guardian
185 Peakview Road
York Springs, PA 17372
179-66-9597
Date of Birth: Jan 28, 1986
Date of Benefits: November 1, 2001 Years of Service:8.50
Pre- Retirement Death Option Benefit
I, Jesse L. Stone will receive a pre retirement death benefit, on behalf of Fred Stone, Jr,
my father, in the amount of $234.28 per month, effective November 1, 2001.
This monthly benefit is payable until I attain age my 18th birthday. (Jan 28, 2004.)
r)atc (J Je~se-l.,. Stone Terri Shirk, Guardian
Approved by: , Dated
Dennis Yinger
Approved by: ., Dated
Homer Myers
143penoptionpreretdeath
I.B.E.W. Local No. !';3 Pension Fund
OPTION FOR]q
P.O. Box 6480, Harrisburg, PA 17112
717-671-8551
December 8, 2001
Ms. Amber N Stone
C/O Terri Shirk,' Guardian
185 Peakview Road
York Springs, PA 17372
S.S. # 178-68-1163
Date of Birth: February 16, 1987
Date of Benefits: November 1, 2001 Years of Service:8.50
Pre- Retirement Death OPtion Benefit
I, Amber N. Stone will receive a pre retirement death benefit, on behalf of
Fred Stone, Jr., my father, in the mount of $234.28 per month, effective
November 1, 2001.
Payment schedule: Nov 1, 2001 -Dec 31, 2003, $234.28 per month
January 1, 2004 - January 31, 2005 $ 468.56 per month
These monthly benefits are payable until I attain age my 18th birthday. (Feb 16, 2005.)
Amber N Stone Terri Shirk, Guardian
Approved by:
Approved by:
Dennis Yinger
Homer Myers
143penoptionpreretdeath
, Dated
., Dated
TI~LG'PHONB '717--252-7093 M~'~"T~ F'IRBT MONDAY AT 7:S0 P.M.
FAX 71'7-232.7! 18 AT 1501 R£VBR~
INTERNATIONAL
BROTHERHOOD Of ELECTRICAL WORKERS
LOC:AL UNION NO. 14:3
1501 REVERE STREET
HARRISBURG. PA I'7104-3498
March 11, 2002
Terry Shirk
185 Peak View Rd.
York Springs, PA 17329
RE: Death claim for Fred L. Stone
Claim #2163003
Dear Ms. Shirk:
We are forwarding this date a check in the amount of $6,250.00 for
the death benefit of Fred L. Stone payable to you as custodian of minor
children Jessie and Amber Stone.
This check is issued in full settlement of this claim.
Sincerely,
Dennis G. Yinger
Business Manager