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Home My WebLink About11-29-06 (2) Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 Fax: 717-975-0697 Email: dianeradcliff@comcast.net o ~~o ~..~~~ __" C) C) C) -n ,-- _::0 IJ ---4 I'--.) = <=> CT\ Z C) c< ~ N \..0 UI \D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Benjamin F. Sims, a minor NO. PETITION FOR APPOINTMENT OF GUARDIAN OF THE ESTATE OF A MINOR OVER THE AGE OF FOURTEEN PURSUANT TO 20 PA.CONS.STAT. SECTION 5111 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Deborah W. Sims respectfully represents that: 1. Benjamin F. Sims (hereafter the "Minor") is a minor, age 15, born on April 16, 1991, and residing at 1222 Kings Circle, Mechanicsburg, PA 17050 with his mother and sole surviving parent, Deborah W. Sims. 2. The sole surviving parent of the Minor is Deborah W. Sims residing at 1222 Kings Circle, Mechanicsburg, Cumberland County, PA 17050. 3. The Minor's father, Ronald Carroll Sims, a/k/a Ronald C. Sims, died on September 16, 2006. A copy of his death certificate is attached hereto, marked Exhibit "A". 4. The appointment of a guardian for the Estate of the Minor is necessary for the reason that the Minor has no legally appointed guardian for his estate and is entitled to the payment of substantial sums as the result of the death of his father, Ronald Carroll Sims. . 1 - 5. The proposed Co-Guardians are: a. Deborah W. Sims, an adult individual over the age of 18, and who resides at 1222 Kings Circle, Mechanicsburg, Cumberland County, PA 17050, and is the mother of the Minor; and, b. Mildred J. Weibseki, an adult individual over the age of 18 and an and who resides at 10440 Wine Palm Road, Unit 5612, Fort Myers, FL 33912, and who is the grandmother of the Minor. 6. The acceptances of the proposed Guardians are attached hereto and marked Exhibit "B" . 7. The Consent of the Minor is attached hereto and marked Exhibit "(". 8. The proposed Co-Guardians have no interest adverse to the Minor and are not fiduciaries or officers or employees of any corporate fiduciary of an estate in which the Minor has an interest nor the surety or an officer or employee of the corporate surety of such fiduciary. 9. The following is an itemization of the assets of the Estate of the Minor, their location, approximate value and income, if any: a. One third interest in the Estate of Ronald Carroll Sims, having an undetermined value but including at a minimum a Morgan Stanley account having an estimated value of $160,000 and unliquidated damages arising out of a vehicular accident which resulted in the death of the said Ronald Carroll Sims; b. Ronald Carroll Sims' GM Stock Savings Plan having an approximate value of $47,000 which plan designated the Minor as the death beneficiary thereof; c. The death benefits payable under the Met Life life insurance policy on the life of Ronald Carroll Sims, the total death benefits for which are estimated at $72,000, and for which the Minor is designated as the 10% death beneficiary thereof. 10. No Notice is required to be given to the U.S. Veterans Administration as required by Supreme Court Rule 12.5(10) - 2 - WHEREFORE, your Petitioners respectfully requests this Honorable Court to appoint Deborah W. Sims and Mildred J. Weibeski as Co-Guardians of the Estate of Benjamin F. Sims. Respectfully submitted, DCLlFF, ESQUIRE e Road Camp Hill, PA 17011 Telephone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID No. 32112 Attorney for Petitioner - 3 - VERIFICATION Deborah W. Sims verifies that the statements made in this Petition are true and correct. She understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. (4h-ziYl4l1 W L ~ DEBORAH W. SIMS - 4 - EXHIBIT "A" DEATH CERTIFICATE FOR RONALD CARROLL SIMS """""NT .. ......""'" nACJCtff. 01435 . STATEOFMICHIGAN DEPARTMENT OF COMMUNITY HEALTH CERTIFICATE OF DEATH STATE 'UN.I4EA 2656919 LF CF ~ '" .. .... ~ o .. ,. NAME Ar 1IR1H OR anIEIl N.uc& URD FOIl PEUONAL IUSIHESS f""',4U~ ,..." I. DECEDENT'S HAME ,r_ NiMIo.lMIJ RONNIE CARROLL SIMS 'JI. ~J:J!!N. g=.:~W'::-~.':--"::......M_."",' I Ii 0'1. ~ ~ o~ ~I a Trentham 21c:. MAlLtNQ ADD1ISS ,...., _~r..""" __".....~ o,..,~. ,,*, z.,. e.., 151 E. Chesterfield Ferndale HI 48220 Uk. l..OCATION . ar, .. wa.p. SlMI Tro Hi chi an P .. Telerraph Rd. Pontiac, ~~ ]6. PAn L 1!nIa..~......... ~ 01'-.....-... ........."....l1li: dud\. DO "01_........_...... ~......,.....,.__ ..___fl1IriIIab.........wiq~~ e.-...,___a.... ' ~u:-~ Multiple Injuries ......-.......,.". rulTOIOll.......CONDQUBII:IIOP)- .hoIll___fII ... --...~, IMoCIOIATI CAUSI (I'WI .-........... ,..,..."'.....1 tlUITOfOll.,uACClItS8QUIICIOl') s..,...dIIt1HII~~. Co ~~::--:- UlfDULYIffG CAUl. ~..iIljwy" ............-.......... ........, LAIT PUlTOIQItAlACClJIIdQUIMCIOPt ACCIDENT 37. DID T08ACCO un: CON'DIBIm TO DUI1I? o Yu 0 rr.bnt, aD No 0 \hi..... .. WIEU AlJItI'SY fINDINOS AYAI1.ABU! PIUOI.IOCOMI'LB'I'IOI'fOFCAUS!OF ~""'..~ Yes )I.IP PEMALE: D~......."""-_ 0..........-..- ...........................d""pfll.... OHM..........".......,..,.., ,... -- Du...-;l_.........,.. PART JL arHD lJaNIIIIC.\HT CONIIn'IOMI ___OR...... _ -......, 1M.....,.. _ Ii- ill .... I 19. MANNER or DU.TH. Accidc& hicilk. HolWddI. N...... .......... ar ...... ,,,-*, 40L WAS AN A.U'TOPSY ..........." ,.....,,., Yes 41L DATE OF INJURY '''''..DoIJ,''n .,lL 11loIIOFlNIUIY Approx. 10:52 AM Driver of motorcycle. struck vehicle 4U.~Mlr~=. 41..LOCATION-SCrMI.RFDNo. Qy.V.....c:.1'trp .-.pr........... ~I - Driver H-59 e/o Airport Rd., Waterford Twp., HI I. Mary Ellen Graver. Clerk of the City of Royal Oak. Oakland County. Michigan. do hereby certify that the foregoing is a true copy of the record now remaining in my office. 179359 ~A/~~~ Mary Ellen Graver. CIty Clerk ., City of Royal Oak, Michigan This copy is not valid unless displaying embossed seal and registrar signature. u_ I.. ...._ . -. . I;: _ EXHIBIT "B" CONSENT OF PROPOSED GUARDIAN I, Mildred J. Weibeski, hereby consent to act as Guardian of the Estate of Benjamin F. Sims, the Minor. I hereby represent that: . I reside at 10440 Wine Palm Road, Unit 5612, Fort Myers, FL 33912. . I am a citizen of the United States and can speak, read, and write the English language. . I am not the fiduciary or the officer or employee of any corporate fiduciary of the estate in which the minor has an interest or the surety or office or employee of the corporate surety of such fiduciary. . I have no interest adverse to the Minor. L ~ a J.) '/ j) 1'l1 ~/1 [ tA/~~ MILDRED J. WEIB~KI, Proposed Guardian - 2 - EXHIBIT "B" CONSENT OF PROPOSED GUARDIAN I, Deborah W. Sims, hereby consent to act as Guardian of the Estate of Benjamin F. Sims, a minor. 1 hereby represent that: . I reside at 1222 Kings Circle, Mechanicsburg, PA 17050. . I am a citizen of the United States and can speak, read, and write the English language. . I am not the fiduciary or the officer or employee of any corporate fiduciary of the estate in which the minor has an interest or the surety or office or employee of the corporate surety of such fiduciary. . I have no interest adverse to the minor. ~~\ws\~~ DEBORAH W. SIMS, Proposed Guardian - 1 - EXHIBIT "C CONSENT OF MINOR I, Benjamin F. Sims, hereby consent to appointment of Deborah W. Sims and Mildred J. Weibeski as the Guardian of the Estate of Benjamin F. Sims, the Minor. I hereby represent that: . I reside at 1222 Kings Circle, Mechanicsburg, PA 17050. . I am a citizen of the United States and can speak, read, and write the English language. . I am age 15, born on April 16, 1991 . The said Deborah W. Sims and Mildred J. Weibeski are my mother and grandmother respectively and have no interest adverse to me. ~' 5l~/ 141 /< / ~f{)-- BENJAMIN F. SIMS, the Minor - 3 -