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HomeMy WebLinkAbout01-28-05 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA IN THE MATTER OF KARA N. HARTMOYER A Minor Person ORPHANS' COURT DMSION . . . . . . No. .;21'0~ - 00 q 3 ) Petition for Avvointment for Limited Guarcllan Of Minor'. Estate Pursuant to 15 Pa. C.S. ~5511 et al., and Ru1e 12.5 of the Orphan Court Ru1es, Kristyn A. Hartmoyer, ("Petitioner") presents this Petition'.' for Appointment for Limited Guardian of Minor's Estate for consideration and respectfu1ly request that this honorable Court order that Robert D. Bowen ("Proposed Linnted Guardian") be appointed Limited Guardian for Petitioner's daughter, Kara N. Hartmoyer, a minor person under the age of 14. 1. Petitioner resides at 143 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Petitioner is the mother of Kara N. Hartmoyer, a minor. 3. The above-named minor is under 14 years of age, having been born on September 6, 1996, in the City of Harrisburg, County of Dauphin, Commonwealth of Pennsylvania. 4. The above-named minor resides with her mother, the Petitioner, and her Grandfather, the Proposed Limited Guardian, at 143 Ewe Road, Mechanicsburg, Cumberland County, Pennsylvania. 5. Kenneth K. Hartmoyer II, the father of the above-named minor, is dead, having died in a vehicle accident on Interstate 81 near mile post 133.0, on September 1, 2004. 6. Kristyn A. Hartmoyer, the above-named minor's mother and Petitioner hereby consents to this petition. 7. The above-named minor is entitled to certain property and estate, and to protect and preserve the legal rights of such minor, it is necessary that some proper person be duly appointed the Limited Guardian of her estate to receive and deposit funds now being held in minor's name by Jefferson Pilot Financial of Omaha, Nebraska. According to policy and procedures of Jefferson Pilot Financial they will not release the mmor's funds to her or to minor's parent. Jefferson Pilot Financial will only release the funds of the minor to a Guardian appointed by a Court. .).. ., 8. The above-named minor has now no general or testamentary ~ardian appointed by will, deed, or otherwise, to the knowledge or belief of Petitioner. 9. The above-named minor is entitled to the following certain property and estate: a. Insurance proceeds in the approximate amount of $10,800.00, as minor was the beneficiary of an insurance policy her recently deceased father had contracted for with Jefferson Pilot Financial. " 10. The personal property above-mentioned is described as follows: Life insurance funds being held by Jefferson Pilot Financial of Omaha, Nebraska. The interest of said minor therein is as follows: 100% primary beneficiary of policy number CL-0000091233. 11. No notice is required to be given to the United States Veteran's' Administration or its successor. 12. Robert D. Bowen, minor's maternal yrandfather, is a fit and proper person to be appointed Limited Guardian 0 the estate of the above-named minor, as he is competent to administer the funds and properly invest them for use for the minor's education, health or physical or mental needs. In addition, Petitioner does not know of any adverse reason that the Proposed Limited Guardian would have to minor's estate. The Proposed Limited Guardian is well educated, healthy and has the requisite knowledge to oversee the proper management of the minor' funds. Wherefore, Petitioner requests that a decree issue appointing Robert D. Bowen the Limited Guardian of the estate property mentioned above for the benefit of the above-named minor and for such other relief as the court may deem proper. HJIJD~ A. J-I{}~ Kristyn A. Hartmoyer, Petitioner &4-/ ji;:;J Duane P. Stone Attorney No.: 85715 Law Offices of Duane P. Stone, P.C. P.O. Box 696 Dillsburg, PA 17019 717 -432-2089 U1 JEFFERSON PilOT FINANCIAL P.O. BOx 2649 OMAHA, NE 68103-2649 Bus: 1-877-843-3948 www.jpfinancial.com JEfFERSON PILOT FINANCIAL December 14,2004 KRISTYN HARTMOYER 143 EWE ROAD MECHANlCSBURG P A 17055 RE: Deceased: Kenneth K. Hartmoyer II Policy Nmnber: CL - 0000091233 Claim Nmnber: 1040131680 Dear Ms. Hartmoyer: Jefferson Pilot Financial has purchased the U.S. group business of Canada Life Assurance Company. As a result, Jefferson Pilot Financial is now processing the death claim referenced above. On November 10, 2004, we sent a letter to you requesting information on the death claim submitted for Kenneth K. Hartmoyer II. As of this date, we have not received these docmnents. This is our second request for the following information. Before benefits can be considered, the following docmnentation must be forwarded to our office: 1) Guardianship Paperwork Over The Financial Estate OfKara N. Hartmoyer Please forward the docmnentation requested above to our office within the next 30 days. If you should have any questions, please contact our office at 877-843-3948. Ainanda Prochaska Life Benefit Specialist Employee Care Center Jefferson Pilot Financial Insurance Company Administrator for Canada Life Assurance Company " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA IN THE MATTER OF KARA N. HARTMOYER A Minor Person . . ORPHANS' COURT DIVISION . . No. CONSENT OF PROPOSED LIMITED GUARDIAN Robert D. Bowen does hereby certify that he is willing to act as Guardian of Kara N. Hartmoyer, a minor person, in the limited capacity of authority relating to certain property of such minor effective immediately ("Guardian"), if the Court shall so appoint. Said personal property is of the value of approximately $10,800.00 and are the proceeds from her deceased father's life insurance policy that named Kara N. Hartmoyer the primary beneficiary. The personal property is being held by Jefferson Pilot Financial of Omaha, Nebraska, as their Life Insurance Policy requires that a Guardian be appointed for minors receiving funds as a beneficiary. As a Limited Guardian, Robert D. Bowen, understands that he has certain fiduciary duties related to the minor's personal property and he must exercise control of said property for her benefit, including transferring personal property to an appropriate account, utilizing funds for the minor's education, health and welfare, until the minor reaches the age of twenty-one; at which time, any and all remaining property shall be immediately distributed to Kara N. Hartmoyer. Further, Robert D. Bowen hereby certifies that he is not a fiduciary of any estate in which Kara N. Hartmoyer has an interest, nor has he any interest currently adverse to Kara N. Hartmoyer. Dated: tin! 0 '1 (LLf D. f1.--- Robert D. Bowen 9 ~!j;/;:;) Duane P. Stone Attorney No.: 85715 Law Offices of Duane P. Stone, P.C. P.O. Box 696 Dillsburg, PA 17019 717-432-2089 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA IN THE MATTER OF KARA N. HARTMOYER A Minor Person . . ORPHANS' COURT DMSION . . . . No. VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Dated: J / a. 7 IDS )1n~ HDA~ . styn A. Hoyer IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA IN THE MATTER OF KARA N. HARTMOYER A Minor Person ORPHANS' COURT DIVISION No. VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Dated: JJ/17/{)'S . ~ a ftJ.. ftr.J'f'~;y ~ /1 Kara N. Hartmoy IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA IN THE MATTER OF KARA N. HARTMOYER A Minor Person ORPHANS' COURT DIVISION . . No. VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Dated: 0.7/6~ ~ . (U..,J j), tJ-v-- Robert D. Bowen