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.
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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.
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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."
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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.
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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
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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
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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.
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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.
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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.
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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
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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.
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Marcl . SmIth, SurvIVmg Parent
Date: 1&/Q t
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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
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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.
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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
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EXHIBIT
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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
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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
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EQUAL HOUSING
LENDER
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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
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EXHIBIT
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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
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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:
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