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HomeMy WebLinkAbout01-0014 IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD : ORPHAN'S COURT DIVISION : CUMBERLAND COUNTY, PENNSYLVANIA NO. '2 I - 0' - 00 I LJ. DECREE AND NOW, ~C\."\U:t.-t, ~ ,2001, upon consideration of the petition of Marci H. \ Smith, it is hereby ordered and decreed that Marci H. Smith is appointed guardian ofthe estate of Sabrina Renee Smith, a minor. Security is waived. The guardian is directed to file an Inventory within ninety (90) days of the date ofthis decree in accordance with the provisions of20 Pa. Cons. Stat. ~ 5142. J. .. .. IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD : ORPHAN'S COURT DIVISION : CUMBERLAND COUNTY, PENNSYLVANIA : NO. PETITION FOR mE APPOINTMENT OF A GUARDIAN OF THE ESTATE OF A MINOR UNDER THE AGE OF 14 YEARS PURSUANT TO 20 PA. CONS. STAT. ~ 5111(a) TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Marci H. Smith respectfully states that: 1. Petitioner is mother. 2. Sabrina Renee Smith, the minor, was born on July 14, 1995, and resides at 6206 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, with Petitioner. 3. The minor is the child of Gregory Ronald Smith, who died on December 10,2000. 4. It is necessary that a guardian of the estate be appointed for the minor because the minor has an interest in the estate of her father, Gregory Ronald Smith, who died intestate. 5. No other guardian has been appointed for the minor's estate. 6. The proposed guardian, Marci H. Smith, is 32 years of age and resides at 6206 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 7. The proposed guardian is the mother and has no interest adverse to the minor. The consent ofthe proposed guardian is attached as Exhibit "A." ~ 8. The minor has an interest in the estate of her father, Gregory Ronald Smith, valued at $119,250.00 and currently held by CIGNA Group Insurance as administrator thereof. , .. 9. The estimated annual gross income of such interest is $7,355.00. The minor child also receives a montWy Social Security benefit of$749.00. RESPECTFULL Y SUBMITTED: ennedy, Esquire Supreme Co LD. No. 69246 KOLLAS AND KENNEDY 1104 Femwood Avenue Suite 104 Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR PETITIONER DATED: i ( Z{ 2-00 l - IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD : ORPHAN'S COURT DIVISION : CUMBERLAND COUNTY, PENNSYLVANIA : NO. VERIFICATION I, MARCI H. SMITH, verifY that the statements made in the foregoing PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE ESTATE OF A MINOR UNDER THE AGE OF 14 YEARS PURSUANT TO 20 PA. CONS. STAT. ~ 5111(a) are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. By: 'YJ. (J;JAA jJ &1 A M ci H. Smith DATE: 1-02..-0 \ IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD ORPHAN'S COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. CONSENT OF PROPOSED GUARDIAN I hereby consent to act as guardian of the estate of Sabrina Renee Smith, a minor. I reside at 6206 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania and am employed as a consultant. I am a citizen of the United States and can speak, read and write the English language. I am not the fiduciary or an officer or employee of any corporate fiduciary of an estate in which the minor has an interest or the surety or an officer or an employee of the corporate surety of such a fiduciary. I have no interest adverse to the minor. It is not the intention of the guardian to apply for an allowance for the support or education of the minor during minority. @1~ iJ ..~i,L Marcrn. Smith Date: January 4' 2001 EXHIBIT li\ AI' - ,. -.. IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD ORPHAN'S COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA : NO. 21-001-0014 AND NOW, DECREE f ~ 2001, upon consideration of the Amended Petition of Marci H. Smith, guardian of the estate of Sabrina Renee Smith, a minor, it is hereby ordered and decreed that the guardian is authorized to expend $19,250.00 from the principal of the estate of the minor for the care and maintenance of the minor and her infant brother. By the Court: J. ," IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD ORPHAN'S COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA : NO. 21-01-0014 AMENDED PETITION FOR DISTRIBUTION OF PRINCIPAL FOR THE CARE AND MAINTENANCE OF A MINOR IN ACCORDANCE WITH 20 PA. CONS. STAT. ~ 5164 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition ofMarci H. Smith, guardian ofthe Estate of Sabrina Renee Smith, a minor, respectfully represents that: 1. Petitioner was appointed guardian of the Estate of Sabrina Renee Smith, a minor, by Decree of January 8, 2001. A copy of which is attached hereto and marked as Exhibit "A." 2. The minor resides with petitioner, her mother, at 6206 Westover Drive, Mechanicsburg, PA 17050; the minor's father is dead. 3. The minor's estate is composed of$119,250.00 pursuant to the minor's designation as a beneficiary under a life insurance policy insuring the deceased father. 4. The annual interest to be earned by this amount is estimated at $7,355,00. 5. Petitioner requires a distribution of the principal of the estate of the minor in the amount of$19,250.00 in order to stabilize the household finances and provide for the care and maintenance of the minor child and her infant brother, Coleman Gregory Smith, born subsequent to the beneficiary designation on the insurance policy by the deceased father. '. 6. Petitioner works part-time as a consultant with an annual salary of approximately $3,000.00. 7. At the time of her husband's death, Petitioner's debts totaled $142,012.40. Ofthat amount the mortgage on the property owned at 6206 Westover Drive totaled $101,477.33. 8. Petitioner received insurance proceeds in the amount of$119,250.00. Petitioner applied this entire amount to the debt mentioned in Paragraph 7 above. An accounting of the specific expenses and the paYments made is attached hereto and marked as Exhibit "B." 9. On January 24,2001, Petitioner paid off the PNC Home Equity Loan Mortgage. The payoff letter is attached hereto and is marked as Exhibit "C." A copy of the payoff amount is attached hereto and marked as Exhibit "D." Plaintiff used her personal funds and a Mid Penn Line of Credit to payoff the mortgage. 10. Petitioner requests an approved distribution from the estate of her minor daughter in the amount of$19,250.00 in order to pay down the Mid Penn Line of Credit which she used to payoff the mortgage. 11. Paying off the mortgage held at PNC Bank, account # 4001008010407008 will enable Petitioner to live offher income and social security distributions while keeping her children in the manner to which they were accustomed prior to the death oftheir father. 12. No previous principal allowance has been made on behalf of the minor. 2 fl' '". WHEREFORE, petitioner respectfully requests that this Court authorize her, as guardian ofthe estate of Sabrina Renee Smith, a minor, to expend $19,250.00 from the principal of the estate ofthe minor for the care and maintenance of the minor and her infant brother Coleman Gregory Smith, born in March 2000. RESPECTFULLY SUBMITTED: .... DATE:?J) I )0\ Mary Koll Supreme C LD. No. 69246 KOLLAS AND KENNEDY 1104 Fernwood Avenue Suite 104 Camp Hill, P A 17011 (717) 731-1600 ATTORNEY FOR PETITIONER 3 ,. ~ .... IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD ORPHAN'S COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA : NO. 21-01-0014 CONSENT OF SURVIVING PARENT I hereby consent to the expenditure proposed in the attached Petition concerning the estate of Sabrina Renee Smith, a minor. I reside at 6206 Westover Drive, Mechanicsburg, Cumberland County, Pennsylvania. I am the mother of the minor child in question. I am the guardian of the estate of the minor child. I have no interest adverse to the minor. ~~'jJ~L~ Marcl . SmIth, SurvIVmg Parent Date: 1&/Q t I I ,,~ '. IN RE: THE ESTATE OF SABRINA RENEE SMITH, A MINOR CHILD : ORPHAN'S COURT DIVISION : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 21-01-0014 VERIFICATION I, MARCI H. SMITH, verifY that the statements made in the foregoing AMENDED PETITION FOR DISTRIBUTION OF PRINCIPAL FOR CARE AND MAINTENANCE OF A MINOR IN ACCORDANCE WITH 20 P A. CONS. STAT. ~ 5164 are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. BY;~'!J~ Marcl . Smith DATE: 3/1/0 I I I ," IN RE: THE ESTATE OF SABRfNA RENEE SMITH, A MINOR CHILD ORPHAN'S COURT DIVISION CUMBERLAND COUNTY, PENNSYL VANIA NO. ~ 1-0 J - 0 0 / ~ DECREE AND NOW, ~ 'N^" '1 ;? , 200 I, upon consideration ofthe petition of Marci H. Smit14 it is hereby ordered and decreed that Marci H. Smith is appointed guardian of the estate of Sabrina Renee Smit14 a minor. Security is waived. The guardian is directed to file an Inventory within ninety (90) days of the date of this decree in accordance with the provisions of20 Pa. Cons. Stat. ~ 5142. By the Court: ISI B4a-'-- A. Br+0 1. ; 1 ~.'" . "-; - . ,', A TRUE COpy FROM RECORD In Testimory wherof. I hereunto 5Zt my hand and the seal of said Court Lit CJ.rfis!e. PA This q t.L (OJ 01 '- ~". 2O::J I ~L: ~ lL ) ~ Clerk of tl1e ,pharis Ccuit /l.<<fL. '\ Cumberland County - . "r' :.J. EXHIBIT I \ \ AI' ." February 6,2001 Mary Kennedy, ESQ. Kollas and Kennedy Fernwood Ave Mechanicsburg, PA 17055 As per your request, here is a list of expenses in which I have incurred and paid off since the death of my husband, Gregory. Parthemore Funeral Home - $7723.00 (services for Gregory R. Smith) West Shore CountIy Club - $1111.36 Ouneheon after funeral) Fulton Bank Credit Card - $1464.83 (acct.# 4482565502000137) Bon Ton Credit Card - $698.59 (acet # - 088540976060) Mid Penn Bank Line of Credit - 27,461.88 (acct # 100000744) PNC Bank Credit Card - $2075.41 (acct # - 4264299070146981) PNC Home Equity Loan Mortgage - 101,477.33 (acet # 4001008010407008 - paid off 1/24/01) Total Income - $119,250.00 from insurance proceeds Total ExPenses - $ 142,012.40 - 22762.40 On 1/24/01, I paid $81,477.33 out of my checking account, and $20,000 on the Mid Penn Line ofCreditto payoff my mortgage. When I received Sabrina's insurance check I paid $19,250 on the Mid Penn Line of Credit. I now have a $750.00 balance on the Mid Penn Line of Credit. Any questions, please feel free to contact me at 766-3031. Sincerely, Marci Smith EXHIBIT I \\ Bit . . PNCBANK January 24, 2001 GREGORY R SMITH MARCI SMITH 6206 WESTOVER DR MECHANICSBURG, PA 17050 Important Information About Your Loan Account Number: 40-1-8010407008 Dear GREGORY R SMITH and MARCI SMITH: Thank you for completing payment on your PNC Bank loan. Your loan is now "paid-in-full" and our records have been updated to reflect your excellent payment history. The mortgage or deed of trust used to secure your loan will be sent to you shortly. Because of your prompt and responsible loan repayment, we look forward to serving you whenever you need to borrow. Your next loan can be arranged very quickly - just call us at 1-800-352-0919, tell us how much you need and briefly update our credit information so we can process your request. Once your new loan is approved, we can send the necessary paperwork to your home or ,vorkplace, or you can stop at any convenient PNC Bank office to finalize your loan and pick up your check. \Yhy not take advantage of our competitive rates and affordable monthly payment plans for * Bill Consolidation - if you have bills from high-rate charge cards or other loans, you could save big by consolidating them into a single monthly payment; * New or Used Car Purchase - whether you're looking for a new sport utility vehicle or a used economy car, we have a variety of vehicle loans that will meet your borrm\ing needs; * Home Improvements - why delay that home improvement or repair any longer ,vhen the money you need is just a phone call away? In addition to our great rates and wide variety of repayment plans, we can also help you save on t,Lxes ,~ith a home equity loan or line of credit. (Ask your tax achisor about the deductibility of interest in your particular t,LX situation.) Remember, the money you need is as close as your phone. Just give us a call at 1-800-352-0919, any time, day or night. \Ve look forward to hearing from you the next time you need to borrow. Thank You, Operations Manager PNC Bank EXHIBIT I \\ C ;1 121 EQUAL HOUSING LENDER o '" .... '" ... .' CONSUMER LOAN FINANCIAL INQUIRY 1111 ACCT # 4001008010407008 SBR # NAME SMITH, GREGORY R PRIN AMT/AVAIL CR 110,000.00 TOT LN AMT/MAX LINE 180,066.60 CURRENT BALANCE 0.00 PYMT DOE 01/25/01 1,000.37 PAST DUE AMT 0.00 LT CHRGS DUE 0.00 MSC RSN/CHGS 0.00 LST EXT/MOS 07/27/00 003 TOT PD LTD ~31,488.43 INT PI) LAS 'I' YR 7,357.36 INT PD YTD 594.14 LAST 4 MONETARY TRANSACTIONS: TRN 64000 01/24/01 101,477.33 TRN 35577 Ol/oa/Ol 0.00 TRN 35577 01/03/01 0.00 TRN 64800 12/25/00 1,000.37 PAGE 1 OF 5600 OBR # 181 FILE DATE: 02/21/0 LOAN TYPE 040 HOME EQUITY LOAN DATE 03/20/98 BOOK RATE .07173 CURR RATE .07171 PYMTS START 04/25/98 ORG/INC/PD/REM: 180 o 30 150 NTCE: 15/30/60/90 000 000 000 000 REPAY TYPE/METH MONTHLY DEB DEP R1 FEATURE ACCT# 5140251496 ACCROAL METHOD DAILY ACCRUAL PAYOFF CMT : PAYOFF AMOUNT "GOOD THRU" SIMPLE INTEREST 0.00 RO TO CUST DATE 0.00 01/24/01 STATUS: FIX-RT CLOSED PRESS ENTER FOR PAGE 2 DEPRESS Ctrl/F7 TO RETURN TO BANCSTAR EXHIBIT I \- i)1l HIST ACLS $CM6 HISTORY DATA INQUIRY C~ Nffi 00040 001 000000008010407008 NXT EFF DAT: TRAN CODE: ACLS XXXX 02/22/02 13: DIS PST DAT: EFF DAT: TRANCOD: TRN AMT: 01/10/2001 01/10/2001 93800 TIME : 22:19:28 BAT/ITM: OPERAt'R: SEQ SRC TYP DESC: 16741 MORE HST: S 000 REV IND : E 1 LOAN BAL 100,883.19 L ACCRUAL - DAILY SWEEP 336.51 PST DAT: 01/10/2001 EFF DAT: 01/10/2001 TRANCOD: 95800 TRN AMT: TIME : 22:19:28 BAT/ITM: OPERATR: SEQ : 16744 MORE HST: S SRC : 000 REV IND : E TYP : 3 LOAN BAL 100,883.19 L DESC: SCHEDULED BILLING DATE PST DAT: EFF DAT: TRANCOD: TRN AMT: 01/24/2001 01/24/2001 64000 1.01,477.33 TIME : 22:00;35 SEQ; 18291 MORE HST: BAT/ITM: 000004062 SRC : 040 REV IND : OPERATR: TEL TYP : 2 LOAN BAL DESC: 04510 00041 TEL S E L PF KEYS I-HELP 2-MAIN 3-LOGF 4-PREV MENU 7-SCROLL BACK DEPRESS Ctrl/F7 TO RETURN TO BANCSTAR 7 ~ .. HDTL ACLS $CM6 HISTORY INQUIRY DETAIL SCREEN ACLS XXXX 02/22/01 13:: CFN NFN DIS 00040 001 000000008010407008 NXT EFF DAT: 01/24/2001 TRN COD: 64000 SEQ OPR SRC PST DAT: 01/24/2001 PST TIM: 22:00:35 18291 TEL 040 AMOUNT REV CT 101,477.33 02 TRAN REP 64810 AMOUNT TRAN REF 594.14 64820 AMOUNT TRAN REF 100,883.19 AMOUNT NONMON RATE VSI PAY INT TRM OLD: NEW: EXT MO CALC AMT REF: PF KEYS l-HELP 2-MAJN 3-LOGF 4-PREV MENU SCREEN DEPRESS Ctrl/F7 TO RETURN TO BANCSTAR 7