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HomeMy WebLinkAbout05-22-14 RECORDED OFFICE OF David R. Galloway REG'STI-R Cr" ;''ILLS Counsel for Petitioner Attorney I.D. No. 87326 2014 fliflY 22 PM 2 06 WALTERS & GALLOWAY, PLLC 54 E. Main Street CLER'f OF Mechanicsburg, PA 17055 O R P H A tJ S' COURT Telephone: (717) 697-4650 Fo: A IN THE COURT OF COMMON PLEAS OF CUMBERLAND d 'fY, PENNSYLVANIA ORPHANS' COURT IN RE: Estate No: 21-13-1316 ESTATE OF RANDY R. KAUFFMAN PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE ESTATE OF TWO MINORS & FOR THE DEPOSIT OF FUNDS INTO A RESTRICTED BANK ACCOUNT AND NOW, comes Petitioner, Michael Kauffman, and petitions this Honorable Court to appoint him as Guardian of the Estate of David A. Lauffer, a minor, and AIR L. Lauffer, a minor, for the following reasons: 1. Randy R. Kauffman (hereinafter "Decedent") died intestate November 15, 2013, survived by his father,brother and two minor children, David A. Lauffer and Alli L. Lauffer. 2. Petitioner, David A. Lauffer (hereinafter "David"), is Decedent's son, born December 30, 1996, and is seventeen (17) years of age. 3. Petitioner, Alli L. Lauffer (hereinafter "Alli"), is Decedent's daughter, born March 9, 1998 and is sixteen(16) years of age. 4. Crystal Yvonne Peters (hereinafter "Mother") is Petitioners' natural mother and, as a result, is precluded from being appointed guardian pursuant to 20 Pa.C.S.A. § 5112. 5. Petitioners reside with their Mother at 107 Susan Drive, Ebensburg, Cambria County, Pennsylvania. 6. At the time of his death, Decedent had temporary primary physical custody of Petitioners. A copy of the Custody Order reflecting same is attached hereto as Exhibit"A." 7. The gross value of Decedent's Estate, consisting of real and personal property, totals approximately$100,000. 8. In addition to real and personal property, Decedent maintained a life insurance policy naming David and Alli beneficiaries. The death benefit for that policy is approximately, $50,000. 9. Because the amount due to each Petitioner exceeds $25,000, it is necessary to appoint a guardian of the estate of each Petitioner to receive funds from Decedent's Estate. 10. Michael S. Kauffman (hereinafter "Proposed Guardian"), Decedent's brother and Petitioners' uncle, was appointed as Administrator of Decedent's Estate by the issuance of a Certificate of Grant of Letters Administration on December 19, 2013. 11. Proposed Guardian is 60 years of age, resides at 6214 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania, 17050 and has been employed by IBM as a Financial Analyst for forty(40) years. 12. Proposed Guardian has no interest adverse to Petitioners. 13. No other guardian has been appointed for Petitioners. 14. Pursuant to the attached concurrence, all Petitioners and Mother concur to jurisdiction and venue in Cumberland County, Pennsylvania. WHEREFORE, Petitioners respectfully request that this Court appoint Michael S. Kauffinan as guardian of the estate of David A. Lauffer, a minor, and Alli L. Lauffer, a minor, and to authorize him to manage the residue of Randy R. Kauffinan's Estate, and the proceeds of the life insurance policy to the minors without bond. Respectfully submitted, WALTERS & GALLOWAY, PLLC By: ` Date: May2)L, 2014 David R. Gallowa Counsel for Pet? oner David R. Galloway Counsel for Petitioner Attorney LD. No. 87326 WALTERS &GALLOWAY, PLL.0 54 E. Main Street Mechanicsburg, PA 17055 Telephone: (717)697-4650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT IN RE: Estate No: 21-13-1316 ESTATE OF RANDY R. KAUFFMAN CONSENT OF PROPOSED GUARDIAN I hereby consent to act as guardian of the estate of David A. Lauffer, a minor, and Alli L. Lauffer, a minor. I reside at 6214 Charing Cross, Mechanicsburg, Pennsylvania and am employed as a financial analyst for IBM. I am a citizen of the United States and can speak,read and write the English Language. I have no interest adverse to the minor. Proposed Guardian Date: May 2014 Michael S. Kauff an David R. Galloway Counsel for Petitioner Attorney I.D. too. 87326 WAL.TERS & GALLOWAY. PLLC 54-1?. Main Street Mechanicsburg, PA 17055 'telephone: (717) 697-4650 IN THE COURT OP COMMON PLEAS OF CUNIBERLAN'D COUNTY. PENNSYLVANIA ORPHANS' COURT IN RE: LstatcNo: 21-13-1316 ESTATE OF RANDY R. KAUFFMAN CONSENT OF J1TNORS We, David A. Lauffer and Alli L. Lauffer. Petitioners herein, accept notice of the foregoing petition for the appointment of Michael S. Kauffman as the guardian orour estate and consent thereto. Additionally, we consent to the Court of Common Pleas_ Curnherland County. Pennsylvania having jurisdiction ofthk matter. Petit;dt er: j r)avid A. t_au1lcr, a it r Petitioner: Alli L. 6-0 minor CONSFNT OF NATURAL .PARENT 1, Crystal Yvonne Peters, accept notice of the foregoing petition for the appointment of Michael S. Kauffinan as guardian ofthe estate of David A. Lauffier, a minor, and Alli G. Lauffer, a minor. and consent thereto. Additionally, 1 consent to the Court of Common Picas, Ctmnbcdand County. Pennsylvania having jurisdiction of this matter, Crystal 'vonne Pctc�•rs,Natural Parent of David A. Lauffer& Atli L. Lauffer IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT IN RE: Estate No: 21-13-1316 ESTATE OF RANDY R. KAUFFMAN DECREE AND NOW, this day of 2014, upon consideration of the Petition for the Appointment of a Guardian of the Estate of Two Minors and for the Deposit of Funds into a Restricted Bank Account it is hereby ordered and decreed that Michael S. Kauffman is appointed guardian of the estate of David A. Lauffer, a minor, and Alli L. Lauffer, a minor. In lieu of the entry of security, the guardian is authorized and directed to deposit 'h of the residue of the Estate, including '/2 of Decedent's life insurance policy, in a PNC Bank savings account, in his name as guardian of the estate of David A. Lauffer and in a PNC Bank savings account, in his name as guardian of the estate of Alli L. Lauffer. Both accounts shall be marked "Not to be withdrawn except for payment of state and federal income taxes on the interest earned by the minors' estate or by Decree or Order of Court." The guardian is further authorized and directed to deposit interest received or other income belonging to the minors, if any, in the savings accounts opened pursuant to this Decree. Pursuant to this Decree, the Guardian, at his discretion, is permitted to pay from each minor's PNC savings account up to $2,500 for the purchase of a motor vehicle. Said payments shall be made payable directly to the seller of such motor vehicle. If no withdrawals (other than those referenced herein) are made, PNC Bank may pay over any or all of the investments upon the joint order of the guardian and the late minor, without further order of the Court. The guardian is directed to file an inventory within ninety (90) days of the date of this decree, in accordance with the provisions of 20 Pa.C.S.A. § 5142. BY THE COURT: J.