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Home My WebLink About05-08-15 V i r." M O CIS U) .CD !^ I, W Ronald L. Finck, Esquire METTE, EVANS & WOODSIDE 3401 North Front Street P.O. Box 5950 Harrisburg, PA 17110-0959 Ph: (717) 232-5000 Fax: (717) 236-1816 rlfinck@mette.com IN RE: KATHRYN M. ULSH, IN THE COURT OF COMMON PLEAS OF a Minor over the age of 14 years, CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Docket No. � PETITION FOR APPOINTMENT OF JAMES A. ULSH, ESOUIRE AS GUARDIAN OVER THE ESTATE OF KATHRYN M. ULSH,A MINOR Petitioners, John Ulsh and Tonia Ulsh("Parents"), parents and natural guardians of Kathryn M.Ulsh("Kathryn") a minor, and Kathryn; a minor over the age of 14 years, by and through their attorneys, METTE, EVANS & WOODSIDE, file this Petition for Appointment of James A. Ulsh, Esquire as Guardian Over the Estates of Kathryn M. Ulsh, a Minor pursuant to. 20 Pa. C.S. §5111 et seq. and Pennsylvania Orphans' Court Rule No. 12.5, as follows: I. Parents are adult individuals residing at 109 Fairway Drive, Carlisle, Cumberland County, Pennsylvania 17013 and are the parents and natural guardians of the Minors. 2: Kathryn resides with her Parents. 1 17. Kathryn and Parents believe and therefore aver that Kathryn's Settlement Fund would earn an increased rate of return if invested in a brokerage account with Morgan Stanley utilizing a conservative investment strategy focused on long-term growth. 18. Kathryn and Parents jointly file this Petition pursuant to 20 Pa. C.S. §5111 et seq. and Pa. Orphans Court Rule 12.5. requesting the appointment of James A. Ulsh, Esquire to act as the legal guardian over Kathryn's Estate for the purpose of investing Kathryn's Settlement Fund in or with Morgan Stanley. 19. Pursuant to 20 Pa. C.S. §5145, a Court appointed guardian may accept, hold, invest in and retain investments as provided by Chapter 72 of the Pennsylvania Estate and Fiduciaries Code, 20 Pa. C.S. §7201 et seq. (commonly known as the Prudent Investor Rule). 20. No other guardian has been appointed over Kathryn's person or estate. 21. The proposed guardian is sixty-seven(67) years old and resides at 8 Dawn Drive, Millersburg, Dauphin County, Pennsylvania 17061. 22. The proposed guardian is the grandfather of Kathryn. 23. The proposed guardian does not reside with Kathryn. 24. The proposed guardian is an attorney licensed to practice law in the Commonwealth of Pennsylvania since November 15, 1971. The proposed guardian regularly practices in the areas of estate planning, estate administration, business, and banking. 25. Parents consent to and join in the request for the appointment of James A. Ulsh, Esquire as guardian over Kathryn's Estate as required by Pa. Orphans' Court Rule 12.5(b)(2). Such consent is evidenced by the Consent of Parents attached hereto as Exhibit `A' and made a part hereof. 4 26. James A. Ulsh consents to the proposed appointment as guardian of Kathryn's Estate as is evidenced by the Consent and Acceptance by proposed guardian attached hereto as Exhibits `B' and made a part hereof. 27. The proposed guardian has no interest that is adverse to that of Kathryn. 28. Parents and Kathryn request that the Court dispense with the requirement of the posting of a bond or that the bond required, if any, be set by the Court in a nominal amount. 29. This Court has jurisdiction over this matter pursuant to 20 Pa. C.S. §5111(a) because Kathryn resides in Cumberland County, Pennsylvania. WHEREFORE, Petitioners, Parents and Kathryn, respectfully request that this Court enter an Order appointing James A. Ulsh, Esquire as guardian of Kathryn's Estate by executing an Order in substantially the form attached hereto. Parents and Kathryn further request such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: �Qdy,� ,. �.wr.�► Ronald L. Finck, Esquire Sup. Ct. I.D.No. 89985 3401 North Front Street P. O. Box 5950 Harrisburg, PA 17110-0950 (717) 232-5000—Phone Attorneys for Petitioners Date: May 6, 2015 5 VERIFICATION I,John Ulsh,have read the foregoing document and certify that the statements set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language are that of counsel,I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 1S Pa. C.S. §4904 relating to unsworn falsification to authorities. JOHN H Date: April �7 ,2015 768928vi VERIFICATION I, Tonia Ulsh,have read the foregoing document and certify that the statements set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language are that of counsel,I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. r TONIA ULSH Date: April 2 7 , 2015 661921v1 VERIFICATION I,Kathryn M. Ulsh,have read the foregoing document and certify that the statements set forth therein are true and correct to the best of my knowledge, information and belief. To the extent that the foregoing document and/or its language are that of counsel, I have relied upon counsel in making this Verification. I understand that any false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 1 I'm Ulak, KATHRYN AULSH Date: April 'Z- , 2015 CONSENT OF PARENTS We,John Ulsh and Tonia Ulsh, are the parents and natural guardians of Kathryn M. Ulsh, a Minor. We accept notice of the foregoing petition for the appointment of James A. Ulsh as guardian of the Estate of Kathryn M. Ulsh and consent thereto. a�, () OtA-," JOHN VSH Iwo TONIA ULSH Date: April T7 ,2015 CONSENT AND ACCEPTANCE BY INDIVIDUAL GUARDIAN OVER THE ESTATE OF KATHRYN M.ULSH,A MINOR I, James A. Ulsh,hereby agree to accept the appointment as guardian of the Estate of Kathryn M. Ulsh, a minor, and certify as follows: 1. I am a citizen of the United States of America and am able to speak,read and write the English language. 2. I do not reside in the same household as the said minor. 3. I am not a fiduciary, or an officer or employee of any corporate fiduciary, of any estate in which the said minor has an interest. 4. I am not the surety, or an officer or employee of any surety, of any fiduciary of an estate in which the said minor has an interest. 5. I do not have any interest that is adverse to the minor. C.---- JAMES A. LSH Date: April 21 , 2015