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Home My WebLink About05-08-15 -.3 �. Cy cry rn n` 00 Q "} 3 ' r Ronald L. Finck, Esquire 01 METTE, EVANS & WOODSIDE CC) 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: JAMES L. ULSH, IN THE COURT OF COMMON PLEAS OF a Minor, CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Docket No. PETITION FOR APPOINTMENT OF JAMES A. ULSH, ESQUIRE AS GUARDIAN OVER THE ESTATE OF JAMES L. ULSH,A MINOR Petitioners, John Ulsh and Tonia Ulsh("Parents"), parents and natural guardians of James L. Ulsh, ("James") a minor, by and through their attorneys, METTE, EVANS & WOODSIDE, file this Petition for Appointment of James A. Ulsh, Esquire as Guardian Over the Estate of James L. Ulsh, a Minor pursuant to 20 Pa. C.S. §5111 et seq. and Pennsylvania Orphans' Court Rule No. 12.5, as follows: 1. 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. James resides with his Parents. 1 3. As of the date of this filing, James is eleven(11) years of age; having been born in July of 2003. 4. On December 1, 2007, Parents and James were injured in a two (2) vehicle automobile accident and all sustained injuries. 5. As set forth in more detail in the Parents'Amended Petition for Approval of Minor Settlement Pursuant to Pennsylvania Rules of Civil Procedure Rule 2039 filed with the Court of Common Pleas of Cumberland County on March 27, 2009 at Civil Docket No. 2009- 1559-CIVIL TERM, James received settlement funds in exchange for general releases from the insurance company for the tortfeasor and from the family's underinsured motorist carrier. 6. The settlement referenced in the forgoing paragraph was approved by an Order of Court dated May 7, 2009 at Cumberland County Civil Docket No. 2009-1559-CIVIL TERM. 7. In accordance with 20 Pa. C.S. §5102, on July 10, 2009, $110,000.00 was deposited into an account guaranteed by the United States Government at Susquehanna Bank Account No. XXXXXX6420 entitled John and Tonia Ulsh for the benefit of James Ulsh and marked"no withdrawal can be made prior to James Ulsh, born July 24, 2003, obtaining his majority except by order of court of competent jurisdiction" ("James' Settlement Fund"). 8. On July 28, 2009, the Parents filed a Petition to Modify, Amended Petition for Approval of Minor Settlement Pursuant to Pennsylvania Rules of Civil Procedure Rule 2039 seeking to utilize $14,000.00 from James' Settlement Fund to satisfy then-existing subrogation liens for medical treatment required by James from the injuries he sustained in the motor vehicle accident. 2 9. In addition to seeking Court approval to utilize funds for the satisfaction of subrogation liens, Parents requested Court approval to transfer James' Settlement Fund to new FDIC insured investments in the form of certificates of deposit yielding greater interest rates. 10. By Order dated July 31, 2009, the Court approved the Parents' request to utilize $14,000.00 from James' Settlement Fund to satisfy the outstanding subrogation liens. 11. In addition, the Court approved the Parents' request to transfer the remainder of James Settlement Fund to an FDIC insured Certificate of Deposit which contained the same language prohibiting withdrawal until James reaches majority age except by an Order of a court of competent jurisdiction. 12. Pursuant to the Court's Order dated July 31, 2009, James' Settlement Fund was transferred to Susquehanna Bank Certificate of Deposit Account No. XXXXXX6420. 13. The Certificate of Deposit referenced in the forgoing paragraph matured in January of 2014 and have not been reinvested pending the appointment of a guardian over James' Estate as requested herein. 14. During the five-years that James' Settlement Fund was held in the Certificate of Deposit account, the income was $2,553.67. 15. As of December 31, 2014, the balance of James' Settlement Fund was $98,553.67. 16. The present going rate of interest for Certificates of Deposit at Susquehanna Bank is 1.74% for a sixty (60) month term. It is believed and therefore averred that these interest rates are consistent with the going rates throughout banking industry. 3 17. Parents believe and therefore aver that James' 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. Parents 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 James' Estate for the purpose of investing James' 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 James' 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 James. 23. The proposed guardian does not reside with James. 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 James 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 James' Estate as is evidenced by the Consents 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 James. 28. No other guardian has previously been appointed for the Minors' persons or estates. 29. Parents 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. 30. This Court has jurisdiction over this matter pursuant to 20 Pa. C.S. §5111(a) as Minors reside in Cumberland County, Pennsylvania. WHEREFORE, Petitioners, the Parents, respectfully request that this Court enter an Order appointing James A. Ulsh, Esquire as guardian of James' Estate by executing an Order in substantially the form attached hereto. Parents further request such other relief as the Court deems just and appropriate under the circumstances. Respectfully submitted, METTE, EVANS & WOODSIDE By: &RM .'dc�:� 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 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. 0 Lam--- JOHN SH Date: April d I ' 2015 768928v1 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.A. §4904 relating to unsworn falsification to authorities. TONIA ULSH Date: April �-�", 2015 661921v1 CONSENT OF PARENTS We,John Ulsh and Tonia Ulsh, are the parents and natural guardians of James L.Ulsh, a Minor. We accept notice of the foregoing petition for the appointment of James A. Ulsh as guardian of the Estate of James L. Ulsh and consent thereto. JO LSH TONIA ULSH Date: April 71 ' 2015 CONSENT AND ACCEPTANCE BY INDIVIDUAL GUARDIAN OVER THE ESTATE OF JAMES L. ULSH,A MINOR I, James A. Ulsh, hereby agree to accept the appointment as guardian of the Estate of James L. Ulsh, a minor, and certify that: 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 . ULSH Date: April �;Q ,2015