HomeMy WebLinkAbout10-03-14 PETITION OF COURT OF COMMON PLEAS
ANN CHARLES CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
n No. !J
PETITION TO PAY MINOR'S ESTATE TO PARENT
PURSUANT TO 20 Pa. Cons. Stat. Ann. §5101
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TO THE HONORABLE, THE JUDGES OF THE SAID COURT: � o � M m
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The Petition of Ann Charles, filed by and through her attorney, RichardM:�'CqnnelL d��i rn
Esquire, respectfully states that: "n `n
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1. Petitioner is mother of a minor child, Joseph Anthony Charles:
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2. Joseph Anthony Charles, the minor,was born on May 9, 2008 and resides at
2421 Cope Drive, Mechanicsburg, PA (Cumberland County), with Petitioner
and with Thomas Charles, Petitioner's husband and father of the minor child.
3. Charles John Staudenmeier,the Petitioner's brother and uncle of the minor,
died on November 2, 2013.
4. The said Charles John Staudenmeier held two annuities through Erie Family
Life Insurance, being policy numbers 0005407170 and 0005581240, each of
which provided the following beneficiary designation:
The primary beneficiaries are Rena Mary Charles,Niece, 12.5%; Owen
Thomas Charles,Nephew, 12.5%; Joseph Anthony Charles,Nephew,
12/5%; Marilyn Lee Wellnitz,Niece, 12.5%; Katelyn Elizabeth Wellnitz,
Niece, 12.5%; Daniel Rudolph Wellnitz,Nephew, 12.5%; Teagan Marie
Shaudenmeier,Niece,-12.5%; and Taillon James Shaudenmeier,Nephew,
12.5%.
5. The beneficiary designation did not include any language allowing naming of
a custodian under the Pennsylvania Uniform Transfer to Minors Act.
6. No guardian has been appointed for the minor's estate.
7. This Court would have jurisdiction to appoint a guardian of the minor.
8. Erie Family Life Insurance will not release the funds to the Petitioner on
behalf of the said minor unless Petitioner secures a decree by the Court.
9. The said minor's share of the proceeds from the two referenced annuities is
$12,920.00,which is below the statutory threshold set forth at 20 Pa. C.S.A.
§501.
10. Petitioner, an adult over the age of eighteen (18) years, as parent,proposes, to
receive and provide receipt for the aforementioned interest of the minor as
partial beneficiary of the annuities; to pay such costs, including filing fees and
attorneys' fees incurred to file this Petition; and to deposit the net proceeds
into tuition assistance program account 554500708-03, established for the
benefit of the minor by Petitioner and Petitioner's spouse, Thomas Charles,
with PA 529 Guaranteed Savings Plan. (Attached hereto, marked as Exhibit
"A", is a copy of a Pennsylvania Department of Treasury Transaction
Confirmation which shows that the account has indeed been established.)
WHEREFORE, Petitioner respectfully requests that she be authorized as parent of the
minor, Joseph Anthony Charles, to give receipt for and receive the interest of the minor as partial
beneficiary under Erie annuities#0005417170 and 0005581240 and, upon receipt thereof, after
deductions for filing fees,and attorneys' costs,to deposit the net proceeds into tuition assistance
program PA 529 Guaranteed Savings Plan, account number 554500708-03.
Respectfully submitted,
V�
Date Richard E. Connell, Esquire
Attorney for Petitioner, Ann Charles
Pennsylvania ID #21542
Ball, Murren& Connell
2303 Market Street
Camp Hill, PA 17011
Telephone: (717) 232-8731
Facsimile: (717)232-2142
E-mail: connell@bmc-law.net
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VERIFICATION
I, Ann Charles, state that the facts contained in the foregoing Petition are true and
correct to the best of my knowledge, information and belief. This Verification is made subject to
the penalties of Pennsylvania law(18 Pa. C.S. §4904) relating to unsworn falsification to
authorities.
Dated: . 12-0 f 4
0
Ann Charles
Robert M.McCord,State Treasurer Pennsylvania 529 Guaranteed
" Pennsylvania 529 Guarantees)Savings Plan
PENN... .VANIA
Processing Center Savings Plan
.............T....m.
TREASURY P.O.Box 55546g3q www.PA529.com•1-800-440-4000
529 COLLEGE SAVINGS PROGRAM 6osloo,MA 62(65
.......................I..................... .............................................
Transaction Confirmation
Statement Date: 03/25/2014
Ann M. Charles rY� h A Charles Beneficiary: Jose
2421 Cope Drive P
Mechanicsburg PA 17055-5355 Account#: 554500708-03
�1'I11�1'I�I�I1�1111"'ll�'I.lll�lllll'11111111111111"'1gill'111 Institutional Code: 12999
Residency Level: Resident of PA
Tuition Level: State Related Universities Average
Tuition Level
TRANSACTION CURRENT GSP
DATE TRANSACTION DESCRIPTION AMOUNT CREDIT RATE CREDITS
03/24/2014 Contribution $1,333.00 $673.28 1.980
The above statement acknowledges your most recent contributions, withdrawals, and/or fee payments to the
Pennsylvania 529 Guaranteed Savings Plan (GSP). The stub below may be used for an additional contribution to
the GSP. Just fill in the amount you wish to contribute, detach the stub, and return along with your check. For
each contribution you make to your account, a confirmation receipt.will be sent to you with a stub for a future
contribution. If you have more than one account, please use the appropriate stub for each contribution. Be sure
to write your proper account number on each check.
Tear along perforation and return with your payment
Pennsylvania 529 Guaranteed Additional Contributions/Change of Address
Savings Plan (Use only for Guaranteed Savings Plan) Make checks payable to:
Account #: 554500708-03 PA 529 GSP
Ann M. Charles
2421 Cope Drive Contribution Amount:
Mechanicsburg PA 17055-5355
Please do not send cash
Check here if this is a
rollover contribution Pennsylvania 529 Guaranteed Savings Plan
Check here for
Processing Center
PO Box 55463
change of address
(see reverse side) Boston, MA 02205-5463
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POW29-K 18410-D0325-PI P24830 *55450070803