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Home My WebLink About08-09-89 "i~ , ", -' IN RE: SHARI L. BIENSTOCK AND ELLEN S. BIENSTOCK, MINORS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 187 ORPHANS' 1978 ORDER OF COURT AND NOW, this q'l<-. day of August, 1989, this court's order of April 11, 1978 is amended 'as follows: that provision noting that: "[n]o withdrawals shall be made therefrom without Order of Court" is amended to read no withdrawals shall be made therefrom without order of court until the beneficiaries of said deposit reaches the age of 18 years. " Edgar B. Bayley, ")J , '-{ . :~ BG' "'L' '~q p',r'E uK _ -'-_ '0 18 2.. , ,. .. << IN RE: SHARI L. BIENSTOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ORPHANS' 1989 PETITION FOR WITHDRAWAL FROM DISTRIBUTION OF MINORS' ESTATE WITHOUT THE APPOINTMENT OF A GUARDIAN PURSUANT TO SECTION 5101 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition Of Albert H. Bienstock and Elyse B. Bienstock, his wife, respectfully represents: 1. That your petitioners reside at 63 Old Pioneer Road, Camp Hill, Cumberland County, Pennsylvania. 2 . That pursuant to Order of Court No. 187 Orphans' 1978, dated April 11, 1978, Annette Lang; Executrix of the Estate of Dora Levine, deceased, was authorized and directed to distribute the bequests for "-".. Shari L. Bienstock and Ellen S. Bienstock to Elyse B., BieJ1:8tock, as the parent of Shari L. Bienstock and Ellen S. Bienstock a~ that . "-' such bequests be deposited in an interest bearing de~osit~in York ~ ~, Federal Savings & Loan Association, of Mechanicsburg?,~pen~Ylvari1a, in the name of Elyse B. Bienstock, as natural guardian for each of the minor beneficiaries, respectively, subject to the express restriction, to be noted on the records of the depository, that no withdrawals shall be made therefrom without Order of Court. 3. That such distribution was made and proceeds were deposited pursuant to the Order of Court. BGJi\ 1l/.:'f PA r; F.. .{ ~.: _ " ...i. ,'..1 ..'1. ~ 4. That the bequest funds and accumulated interest of Shari L. Bienstock reside in Savings Certificate No. 10-154674 issued by York Federal Savings & Loan Association, of Mechanicsburg, Pennsylvania, with maturity date of August 6, 1989 5. That Savings Certificate No. 10-154674 issued by York Federal Savings & Loan Association, of Mechanicsburg, Pennsylvania will be automatically rolled over into a new, similar, Savings Certificate if contrary instructions are not received by York Federal Savings & Loan Association, of Mechanicsburg, Pennsylvania by August 13, 1989. 6 . That Shari L. Bienstock, now age 18, will be attending college commencing this month and that funds from the bequest to her are needed to pay tuition, room & board and related costs. WHEREFORE, your petitioners pray Your Honorable Court to enter an Order authorizing Elyse B. Bienstock to withdraw Five Thousand Dollars ($5,000.00) to be used for education related expenses for Shari L. Bienstock and that the remaining balance be rolled over into a Savings Certificate issued by York Federal Savings & Loan Association, of Mechanicsburg, Pennsylvania. Respectfully submitted, ~Td/f~ Albert H. Bienstock d~ E1Y~enstock BOOK i1S pm 16 .~ , STATE OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Albert H. Bienstock and Elyse B. Bienstock, his wife, being duly sworn according to law,. depose and say that they are the petitioners above named, and that the facts set fort in the foregoing Petition are true and correct to the best of their information and belief. .4d'~rkA'~~ Albert B. Bienstock t{~h b~~-d) Elyse . Bienstock subscribed before me, this hSeal Rcbvne. ,NotaryPlJljc Uwer Allen Twp.. Cumberland County My Commission Expires July 19,1993 Member. Plmsytvan;aAs9xia1ion 01 Nola!ies ! ~~il~llll!li~.'l.~, '\\'''''-"-1; . -.,. i-h'ti.. "-,\, "It''."\ I!"k:~r~ ~\\. '\t\\O. -~f~:A'::):'.> !I ~ .~\.. .......e.,- c..,~" ;",~""<t........,,,.-.....,~.,", ~"-'.""', l~~:~?1n~~; (J):J~~,;~'.:';!f,"fq~_ .~~.11',: 't,. .;t~~)-_.,.\ '(C"'-""~-': ~~:'(~i!o/)l~~bi"~l~ }~l i ;~....\ . ",_,,~";1;;(';;',l,t~. ~~ ~~- "~"'" c.' "'.?C "'''',licl.',.' 1,X(r) ..... J 1./" ";\~."r.-M,::ti"~' .~~,i~;l.:, "'-".: ::':::..~~~t :t.....,,!> U ~ j;;\v.", . !_'':'~;~hi(.!71'it\o~~''-'' BGCK 119 PAGE 1'7 ., Q.,' 'l( -.:' . ", .' IN RE: SHARI L. BIENSTOCK and ELLEN S. BIENSTOCK. Minors. IN TIlE COURT OF COMMON PLEAS OF CUMBEHLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. / f" 7 ORPHANS' 1978 ORDER OF COURT AND NOW, this -ti f' " ;/ ,- day of April, 1978, upOn consideration of the attached , Petition and on motion of John B. Fowler, III. Esq., attorney for Petitioners, and pursuant to the provisions of Section 5101 of the Probate, Estates and Fiduciaries Code, Annette Lang. Executrix of the Estate of Dora Levine, deceased, is hereby authorized arid directed to distribute the bequests for Shari L, Bienstock and Ellen S. Bienstock to Elyse B. Bienstock, as the parent of Shari L. Bienstock and Ellen S. Bienstock,' minors ,all without the appointment of a guard ian or the entry of security. It is further ordered and directed that the bequests to the minor beneficiaries, less counsel fees and costs of this proceeding, be deposited in an interest bearing deposit in York Federal Savings & Loan Association, of Mechanicsburg, Penns yl vania , in the name'of Elyse B. Bienstock. as natural guardian for each of the minor beneficiaries. respectively, subject to the express restriction, to be noted on the records of the depository, that no withdrawals shall be made therefrom without Order of Court, and it is further ordered and directed that evidence of the deposit or investment marked to indicate the restriction, be promptly exhibited to the Court. By the Court, f:>I m,-~.". ? ~. ;./~ .;../ . -r. J. A TRUE COpy FROM RE(ORO I~TestimonY\Vhe'eof 'LO'" , ' , . I"". 'j,~ p,~eIJn'lO [,iq myhand- and I"" seal 0{ s;rlt; (>:iurt at C",lisifo, Pa. Tm. II t)L .'1. ~OI7" (,' "7' p .--'..",t.-.:.__u.q.. ~'~-. '/~t.<'l....19.. ..,J......_. \ J. 1t(t,~~..A~J"t..{~ft.:,,:.,......_ Ic.,.' f"'" ':'1 Clerk of !!'lit Or;~n~ns Court 'J Cumberland CDunly, ~i -.:1<< IN RE: SHARI L. BIENSTOCK and ELLEN S. BIENSTOCK, Minors. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA OHPBANS' COURT DIVISION NO. / X7 ORPHANS' 1978 PETITION FOR DISTRIBUTION OF MINORS' ESTATE WITHOUT THE APPOINTMENT OF A GUARDIAN PURSUANT TO SECTION. 5101 OF THE PHOBATE, ESTATES AND FII'lUCIARIES CODE TO THE HONORABLE, THE JUDGES OF SAID COUHT: The Petition of Albert H. Bienstock and Elyse B. Bienstock, his wife, by their attorneys, Garber, Fowler & Addams, respectfully represents: 1. That your petitioners reside at 63 Old Pioneer Road, Camp Hill, Cumberland County, Pennsylvania. 2. That your petitioners are the natural parents of Shari L. Bienstock, a minor age 6, born on June 19,. 1971, and of Ellen S. Bienstock, a minor age 4, born November 1, 1973. 3. That said minor children are each named beneficiaries of a bequest in the sum of Five Thousand ($5, 000. 00) Dollars under the .Will of Dora Levine, deceased, which Will is duly probated in Bayonne, Hudson County, New Jersey. 4. That Annette Lang is the Executrix of the Estate of Dora Levine, deceased, and through said Estate's attoJmey, has requested an appropriate Order of this Court authorizing said natural parents to receive the bequests on behalf of said minor children, a copy of sa id attorney's letter being attached hereto, made a part .hereof and marked Exhibit "A ", 5. That each of said minor children is entitled to receive something less than 1"ive Thousand ($5,000,00) Dollars, after deduction for administrative expenses and inhet'lt- ance taxes, .;~ .., '. u. That the net value of the entire real and personal estate of each of said minor children does not exceed the sum of Ten Thousand ($lD, ODD. DO) Dollars. 7. That York Federal Savings & Loan Association, having an office at Windsor Park Shopping Center,Mechanicsburg, Cumberland County, Pennsylvania, is a suggested depository for the bequests of each minor child. WHEREFORE, your petitioners pray Your Honorable Court to enter an Order authorizing Annette Lang, Executrix of the Estate of Dora Levine, deceased, to distribute the bequests for Shari L. Bienstock and Ellen S. Bienstock, minors, to your petitioner, Elyse B. Bienstock, as the parent of Shari L. Bienstock and Ellen S. Bienstock, minors, without the appointment of any guardian or the entry of security under the provisions of Section 5101 of the Probate, Estates and Fiduciaries Code. Respectfully submitted, GARBER, FOWLER & ADDAMS By / ../' I, A)." o ) '. " / 1 0.. ~ ':~'~:> I (.~-t;(-'.:, ;;;, . . '-",--. ~'J . . 'Attorneys for Petitioners. STATE OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Albert H. Bienstock and Elyse B. Bienstock,his wife, being duly sworn according to law. depose and say that they are the petitioners above named, and that the facts set forth in the foregoing Petition are true and correct to the best of their information and belief. /~. ./ f./.' / ....-. / , ;.>:.:. / , c .../ / "'-" ')/'.:"".",0"-",,,('0, . '. .I / ' ;' , .. ,"'1: .. / ,J :: Sworn and subscribed before me. this --11-- day of April, 1978. ., .c, ,'/ 'j -L./',;; ')':, / :1/' , ~,; / ," ':,r, ",:~;CY L EDERTS, Notary Public .:i":t:. (umberl,~nd Co., Pa, '~~;nr.li~siLJn Exp:r:~ A;Jrif 13, lq~' .2. ..-$ "., ~ '. -- <:.;r...,., . FEINBE:RG. DEE: & FEINBERG .JACK rC'NElCnG (/915 "'967) VINCENT T. DCE 119Z0",Q7eJ WILLIAM M, FE"INf3ERG RICHARD,J. FEINBERG COUNSELLORS AT LAW , ' 554 BROADWAY BAYDN NE. N_ J. 07002 AFlE:A COOl: ZOI , {5500 FEoERAr.. 9 5 5 0 I 5502 RO~CRT D. TOLZ AO~I"Tm TO N...I.N Y. ANO FO.... o.a.A March 3, 1978 Hrs. Annette Lang 102A West 52no Street Bayonne, New Jersey 07002 " , \ 1'- 3' \ Re: Estate of Dora Levine Dear Mrs. Lang: I received the Transfer Inheritance Tax' , waivers that you sent to my office and I have filed them with the First Savings and Loan Assochtion and the Suburban Savings and Loan Association. This now releases the accounts in those two banks and they can be withdra~n in full at any time. You are now in a position to payout the bequests that your mother's will provided for. Under ordinary circumstances, particularly where the legatees are not close family members, the executor would obtain a release and refunding bond from each beneficiary before paying out the legacy. This instrument is merely a receipt that the legatee signs for the legacy and an agreement that if any unforeseen expenses arise with respect to the estate, that the legatee would pay back to the executor his proportionate share of such expenses. I know that all of the legatees are closely related to you and do not feel that a refunding bond and release should be necessary. If, however, you would prefer to have these documents prepared, please advise me and I will do so. Two of the beneficiaries, namely, Sharie and Ellen Bienstock are minors and, as such, you are not permitted to pay their legacy directly to them. Their EXHIBIT "A" ~.. :q., ... ".., FEINBERG. DEE & FEINBERG -2- parents should Apply to the app~opriate probate office in their county seat to be appointed guardian of the children so that they might receive the bequest on their chil ciren 's beha 1f. Aslc the parents to send you a certificate of guardianship before you send the checks to them. The checks should be made payable to the person designated as guardian for each of the children. Your mother's estate is, for all intents and purposes. no\~ completed. In revieHing the file I note that D.:1nny had included as a deduction for transfer inheritance tax purposes his counscl fee in the sum of $750.00. I assume there must have been a clote relationship between you and Danny since the amount of this fee is _considerably less than would ordinarily have been charged for an estate with the assets of your mother's estate. I also note that Danny had expended the sum of $24.50 which represents fees paid to the Hudson County Surrogate. I would appreciate your sending us a check in the sum of $274.50 made payable to Rita L. Feinberg. He intend to turn this check over to Rita. ,In view of your apparent friendship with Danny, we Hill not charge you for our services in connection with this estate. I trust you will find this satisfactory. Sincerely yours, W1'1F I mc FEINBERG, DEE & FEINBERG By .M4&;t~ HILLIAH H. FEIN"G