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Home My WebLink About02-1147IN RE: SAMANTHA JO MOORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVNIA ORPHANS' COURT DIVISION . NO. GUARDIANSHIP PETITION :FOR THE APPOINTMENT FOR A GUARDIAN OF THE PERSON AND OF THE ESTATE OF A MINOR OVER THE AGE OF FOURTEEN YEARS IN ACCORDANCE WITH 20 Pa. Cons. Stat. § 5111(al TO THE HONORABLE, THE JUDGES OF THE SAID COURT: the Petition of Linda Rebert respectfully states that: 1. Petitioner is the aunt of Samantha Jo Moore, age fourteen (14) years, a minor. 2. Samantha Jo Moore was born September 13, 1988 and resides at 7496 Wertzville Road, Carlisle, Cumberland County, Pennsylvania with Petitioner. 3. Samantha Jo Moore is the daughter of Steven A. Moore, Sr. who resides at 227 S. Hershey Road, Harrisburg, Dauphin County, Pennsylvania, and Brenda R. Pennabaker, deceased. 4. Samantha Jo Moore's mother, Brenda R. Pennabaker, died December 23, 2001. 5. Samantha Jo Moore has been residing with petitioner since her mother's death on December 23, 2001. 6. Prior to her mother's death Samantha Jo Moore had resided with her mother since birth. 7. While residing with the petitioner the minor child has attended the Cumberland Valley School District and in order to comply with the Cumberland Valley School District policies concerning attendance of children at their schools, the petitioner needs to obtain legal guardianship over the minor child if she is to continue to live with petitioner and attend the Cumberland galley School District. 8. As evidenced by the attached consent form, the natural father of the minor child has consented to the appointment of the petitioner as the guardian of the person of this minor child. 9. The petitioner, as evidenced by her executed consent forms, has consented to be appointed as the guardian of the person of this minor child. 10. Samantha Jo Moore, now age fourteen (14) years, desires to have petitioner appointed as her guardian. 11. It is believed and therefore averred by the petitioner and the natural father of this minor child that it would be in the best interest and welfare of the minor child for the minor child to continue to reside with and be under the care and control of petitioner. 12. The petitioner, Linda Rebert is age forty-seven (47) and has resided at 7496 Wertzville Road, Carlisle, Cumberland County, Pennsylvania for the past thirty (30) years. 13. The petitioner agrees that it is also in the best interest and welfare of the minor child to have regular and liberal periods of contact with the natural father and the petitioner agrees to allow for regular and liberal visits between the minor child and the child's natural father. 14. The Petitioner has no interest adverse to that of the minor. l5. In addition to the need for a Guardian of the person of Samantha Jo Moore, a Guardian of the Estate of Samantha Jo Moore is also necessary since she is to receive and inheritance from her mother's estate in an amount to approximate $3,500.00. 16. The minor's estate, aside from personal belongings, will consist of the inheritance from her mother's estate. WHEF,EFORE, Petitioner respectfully requests that this Court appoint Linda Rebert as Guardian of the Person and Guardian of the Estate of Samantha Jo Moore, a minor over the age of fourteen (14). Respectfully submitted, R. Mark Thomas, Esquire Attorney for Petitioners 101 South Market Street Mechanicsburg, PA 17055 (717) 796-2100 ID# 41301 CONSENT OF PROPOSED GUARDIAN I hereby consent to act as Guardian of the Person and as Guardian of the Estate of Samantha Jo Moore, a minor. I reside at 7496 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. I am zi citizen of the United States and can speak, read and write the English language. I have no interest adverse to the minor. ~-F--- Date Linda ebert, Proposed Guardian CONSENT I, Steven A. Moore, the father of Samantha Jo Moore, a minor over the age of fourteen (14) years, hereby accept notice of the foregoing petition for the appointment of John H. Rebert and Linda Rebert as Guardians of the Person and Guardians of the Estate of Samantha Jo Moore, and consent thereto. /~ jo p~ 1 `~-- i~cs~ti Date S e en A. Moore, Father IN RE: SAMANTHA JO MOORE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVNIA ORPHANS' COURT DIVISION .NO. o~l-O~.- ~~yl GUARDIANSHIP DECREE AND 1~10W, this ~/~ day of , 2002, u on consideration of the p Petition of Linda Rebert it is hereby ordered and decreed that Linda Rebert is appointed Guardian of the Person and Guardian of the Estate of Samantha Jo Moore, a minor. By the court, SAMANTHA JO MOORE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION IN THE MATTER OF PETITION UNDER SECTION 5131 OF THE PROBATE ESTATES AND FIDCUIARIES CODEc FOR REMOVAL OF LINDA REBERT AS GUARDIAN , OF THE PERSON AND EST ATE OF SAMANTHA JO MOORE: ~,) .--~ ...., = --' , I ;:po. 'J -0 :::u a ;j";.':: -._/ :E"': "n \.0 <::) 0 : NO. 21-02-1147 : GUARDIANSHIP C) ~~g TO THE HONORABLE, THE JUDGES OF SAID COURT: the Petition of Samantha Jo Moore respectfully states that: 1. This Petition is filed under Section 5131 of the Probate, Estates and Fiduciaries Code. This Court has jurisdiction under Sections 711(4) and 711(12) of the Probate, Estates and Fiduciaries Code. 2. Petitioner is Samantha Jo Moore, age eighteen (18) years. 3. Samantha Jo Moore was born September 13, 1988 and currently resides at 3144 Spring Road Carlisle, Cumberland County, Pennsylvania with her brother and grandmother. 4. Samantha Jo Moore is the daughter of Steven A. Moore Sr. and Brenda R. Pennabaker, deceased. 5. By Decree of George Hoffer, PJ., dated December 23,2002, Linda Rebert (Aunt) was appointed Guardian of the Person and Guardian of the Estate of Samantha Jo Moore, a minor. 6. Neither an inventory of the estate nor an account of her guardianship over her ward, Samantha Jo Moore, has ever been filed by Linda Rebert with the Orphans' Court as required by statute. 7. As a result of the Guardianship Appointment, a joint bank account was opened at Orrstown Bank in the names of Linda Rebert and Samantha Jo Moore. 8. During the time period from December 23,2002 until May 15,2006 money from Brenda Pennabaker's Social Security benefits and Steven Moore's child support were deposited into the Orrstown Bank account to be used for the benefit of the minor. 9. During the same time period Guardian Linda Rebert had full control of the Orrstown Bank check book and A TM card for the aforesaid account and the minor had no access to the same. 10. After only two (2) months ofliving with her Guardian Linda Rebert at 7496 Wertzville Road Carlisle, Cumberland County, Pennsylvania, the minor Samantha Jo Moore moved back to her family home on Spring Road in Carlisle, P A, citing her inability to get along with Guardian Rebert. 11. After moving back to her family home at 3144 Spring Road Carlisle, Cumberland County, Pennsylvania, Samantha Jo Moore was to receive a reasonable amount of money per month for living expenses. However, Moore only received sporadic amounts from her Guardian on an irregular basis. 12. On or about May 15, 2006 Samantha Jo Moore reported to the Cumberland County District Attorney's Office, Criminal Investigations Division, that approximately $38,000.00 was missing from the Orrstown Bank account of which her Guardian had control. 13. Samantha Jo Moore presented bank statement and cancelled checks to support an allegation the Guardian Linda Rebert had removed money from the account that the Guardian was not entitled to and that said monies were not spent for the benefit of her ward as required by law. 14. As a result of the investigation conducted by the District Attorney's Office, it is averred that the Guardian Rebert has violated Title 18 (pA Crimes Code) ~3927 Theft by Failure to Make Required Disposition of Funds. 15. On July 3,2006 criminal charges were filed against Linda Rebert for the above noted crime. 16. Moreover, it was believed and therefore averred that the Guardian Rebert has also breached her fiduciary duties to her ward as outlined in the Probate, Estates and Fiduciaries Code. 17. Specifically, under Sections 5131, 5142 and 3182(1) of the Probate, Estates and Fiduciaries Code, the Guardian Rebert should be removed from office because she has failed to perform the duty imposed upon her by law to file an inventory accounting, keep proper, adequate and complete records and to render full, complete and proper accountings of her guardianship. 18. Under Sections 5131 and 3182(1) of the Probate, Estates and Fiduciaries Code, the Guardian Rebert should be removed from office because she has failed to use of the aforementioned funds for the benefit of her ward and has generally wasted or mismanaged the funds of her ward over which she had exclusive control. 19. Under Sections 5131 and 3182(5) of the Probatet Estates and Fiduciaries Codet the Guardian Rebert should be removed from office because the interest of the estate are likely to be jeopardized by her continuance in this office. 20. Furthert Petitionert Samantha Jo Mooret is now over the age of eighteen (18) yearst gainfully employed and capable of handling her own affairs and the necessity of a Guardian over her Estate and Person is no longer necessary. WHEREFOREt based upon the information contained herein, the Petitioner requests: (1) That the Cumberland County Court of Common Pleas, Orphans' Court Division remove Linda Rebert as Guardian of the Person and Guardian of the Estate of Samantha Jo Moore based upon her mismanagement and wasting of the minorts estatet her misconduct in respect to maintenancet education or moral interest of minor and the attainment of majority by the minor, Samantha Jo Moore; and (2) Order the Guardian Rebert to file an inventory and complete and final accounting of her actions with regard to the Estate of Samantha Jo Moore within seven (7) days of the date of the Order. Respectfully submitted, ',~\tv\~~\al JO VV\f'~ Samantha Jo Moore, Petitioner VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S.A. ~ 4904, relating to unsworn falsification to authorities. Dated:~( \0 ~CD( ~'(\f\(l'<\~O\ ~ Yv~ Samantha Jo Moore CITATION Office of the Clerk of the Orphans' Court Cumberland County, Pennsylvania IN RE: Matter of Samantha Jo Moore No. 21-02-1147 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND TO: Linda Rebert GREETINGS: AND NOW this 16th day of March, 2007, YOU ARE HEREBY CITED to be and appear before the Honorable Judge of the Common Pleas Orphans' Court Division on or before the 13th day of Julv, 2007, in Courtroom No.~ at 1 :30 p.m., to show cause why she should not be removed immediately as Guardian of the Person and Estate of Samantha Jo Moore, and why such other relief as is requested in the annexed Petition or as the Court should deem appropriate should not be granted. Gle~t=~ Clerk of the Orphans' Court Samantha Jo Moore .c:::;.' ("1') 'J) r-- u'::I:: f)-, L.:- a ~ APR 11 2001 Af I ;; SAMANTHA JO MOORE : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION IN THE MATTER OF : NO. 21-02-1147 : GUARDIANSHIP PRELIMINARY DECREE AND NOW, this /I/tf.- day of ~ . 2007, a citation is hereby issued upon Linda Rebert to appear and show cause, if any there be, why she should not be removed immediately as Guardian of the Person and the Estate of Samantha Jo Moore, and why such other relief as is requested in the annexed Petition or as the Court should deem appropriate should not be granted. A copy ofthe Petition and Citation shall be served upon Linda Rebert by regular and certified mail. The Citation is returnable at a hearing before the Honorable Judge Ebert at 1.'67) o'clock ..L.M., on the /3 ~ day of ~ 2007, in the Orphans' Court Division, Courtroom # 5 . Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT .:~ n _:~-~, CT' -T~ ", \ r."j c-' \ ~{ In Re: Estate of Samantha Jo Moor ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-02-1147 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 4/16/07 JUDGE'S INITIALS: MLE TIME STAMP DATE: 4/16/07 IN RE: ORDER OF COURT AND CITATION """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: LINDA REBERT ::l\e S, ~~'<'>..Lv :. "l4Cl: lp \}JV~LCS-Mll~i~ SAMANTHA 10 MOORE ~ {\I\luJ.L \he~ Ct <.., METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR D HAND DELIVERED D OTHER_ ~ PETITIONER D JUDGE ~ CLERK OF ORPHANS COURT MAILED: 4/17/07 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" LINDAREBERT -;;:1~ 5. ~"\"(J-4'A....- ~~ . r~ . SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS ~RRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE ~ CLERK OF ORPHANS COURT MAILED: 4/17/07 ~~~y"l 1st Deputy, j Clerk of Otpbans' Court IT' :r JI :r LJ1 r-'I JI :r U.S. postal Service™ CERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) OFFiCIAL USE postage $ ru CJ CJ Retum Receipt Fee CJ (Endorsement Required) CJ Restrlcted Delivery Fee ru (Endorsement Required) cO r-'I 1btaI postage & Fees $ Certified Fee Postmark Here LJ1 CJ CJ f'- . " IN THE MATTER OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA SAMANTHA JO MOORE (") ~~ ..JJ"T} ilI(") :;! ~ F:;; MOTION FOR CONTINUANCE ~:;: Dc-.J ; ... ) C) -n .." AND NOW, comes the Guardian, Linda Rebert, by and through her coun~fiR. M~ :-0 --i .. ):> - Thomas, Esquire, and files this Motion for Continuance and in support thereof respectfully .. : NO. 21-02-1147 : GUARDIANSHIP I'..,) = = ....., c- c:: r- I 0"' .x') :J:J r n IT) C') r.:;-) C..:J ~:~l:~ r""ji"TI ::u c:) c:-) C) . i l-n -n C) :__ fT1 represents: 1. On March 16, 2007, the Clerk of the Orphans' Court issued a Citation to Linda Rebert, formerly Guardian of the Estate and Guardian of the Person of Samantha Jo Moore, age eighteen (18), to appear on July 13, 2007, in Court Room No.5, at 1 :30 p.m., to show cause why she should not be removed as Guardian of the Person and Estate of Samantha Jo Moore. 2. Samantha Jo Moore is now eighteen (18) years of age and, therefore, it is averred that the guardianship has terminated by operation of the law as of Petitioner's eighteenth (18th) birthday. 3. The Petition for Removal of Linda Rebert as Guardian of the Person and Estate of Samantha J 0 Moore alleges criminal conduct on the part of the Guardian for Theft by Failure to Make Required Disposition of Funds. 4. On July 3,2006, criminal charges of Theft by Failure to Make Required Disposition of Funds were filed against Linda Rebert. 5. Linda Rebert denies that she wrongfully misappropriated Petitioner's funds while acting in her capacity as guardian and denies that she is guilty of Theft by Failure to Make Required Disposition of Funds. 6. A trial on the criminal charge has been scheduled for August 16, 2007, before the Honorable Edgar B. Bayley, who will act as both judge and fact finder. 7. The civil case involving the Guardianship and the issues raised in the Petition is scheduled for July 13, 2007, which is one (1) month prior to the criminal trial. 8. The holding of a civil hearing prior to the criminal trial would compromise Linda Rebert's rights which are afforded her under both the Federal and Pennsylvania Constitutions, most notably her right not to testify. 9. If Linda Rebert was compelled to testify at the civil hearing concerning the same issues which are the subject of the pending criminal trial, she would effectively be denied the right not to testify on her own behalf since her testimony at the civil hearing would be admissible either in the Commonwealth's case-in-chief, or as a means of cross-examination. 10. Linda Rebert will be compelled to testify at the civil hearing in order to defend herself against the allegations in the Petition. 11. Removal of Linda Rebert as Petitioner's guardian has already occurred by operation of law, or if not by operation of law, then she hereby consents to her removal as guardian. 12. Petitioner will not be prejudiced by a continuance since Linda Rebert has no assets belonging to Petitioner. 13. Petitioner is pro se and Respondent has no way of contacting Petitioner to seek Petitioner's concurrence in this Motion. . . WHEREFORE, Respondent prays this Honorable Court will grant a continuance of the hearing scheduled for July 13,2007, until after August 16,2007. Respectfully submitted, ;(?KJIk-- R. Mark Thomas, Esquire Attorney ID No. 41301 101 South Market Street Mechanicsburg, P A 17055 Telephone: (717) 796-2100 ........ " IN THE MA ITER OF SAMANTHA JO MOORE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 21-02-1147 : GUARDIANSHIP AMENDED MOTION FOR CONTINUANCE AND NOW, comes the Guardian, Lynda Rebert, by and through her counsel, R. Mark Thomas, Esquire, and files this Motion for Continuance and in support thereof respectfully represents: 1. On March 16,2007, the Clerk of the Orphans' Court issued a Citation to Lynda Rebert, formerly Guardian of the Estate and Guardian of the Person of Samantha Jo Moore, age eighteen (18), to appear on July 13, 2007, in Court Room No.5, at 1 :30 p.m., to show cause why she should not be removed as Guardian of the Person and Estate of Samantha Jo Moore. 2. The Petition for Removal of Lynda Rebert as Guardian of the Person and Estate of Samantha Jo Moore alleges criminal conduct on the part of the Guardian for Theft by Failure to Make Required Disposition of Funds. 3. On July 3,2006, criminal charges of Theft by Failure to Make Requi@j ~ .;;-0 ......., ....::0 .c7;! :tJ c... Disposition of Funds were filed against Lynda Rebert. ';j~p ::: . -.. rn ....- <- ::0 - A trial on the criminal charges is scheduled for August 16, 2007, bet:~#l@gar! '-=:J c .." :::r: Bayley, Presiding Judge. ..J! 3;J S? c..n Holding the civil hearing prior to the criminal trial would preclude Lynda Reb~ 4. 5. from exercising her constitutional rights afforded to her under both the Federal and Pennsylvania Constitutions. =0 .=0 r'TI '''0 C;) C:J </') :::0 ;:;:5 C:J --;..J rrJ ...l..J CJ C) '-"h :"1, ('''5 rr, , '. 1._'" -~ 6. At issue in the civil hearing is the removal of Lynda Rebert as guardian of Petitioner's person and estate. The remaining issues involve an accounting for the property under Lynda Rebert's control on behalf of the minor. 7. As evidenced by the consent attached hereto, Lynda Rebert consents to her removal as guardian of the person of Samantha Jo Moore and as guardian of the estate of Samantha Jo Moore. 8. The issue of an accounting of Lynda Rebert's actions as guardian of the estate will be resolved in the criminal trial scheduled for August 16, 2007. WHEREFORE, the Guardian, Lynda Rebert, prays this Honorable Court will sign the attached Order which removes Lynda Rebert as guardian of the person and estate of Samantha J 0 Moore, and which continues the hearing on the other issues raised in the Petition until after the criminal trial. Respectfully submitted, ~ R. Mark Thomas, Esquire Attorney In No. 41301 101 South Market Street Mechanicsburg, P A 17055 Telephone: (717) 796-2100 ~ , 1',/ r '. ;, IN THE MA TIER OF : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA SAMANTHA JO MOORE : NO. 21-02-1147 : GUARDIANSHIP CONSENT OF REMOVAL AS GUARDIAN I hereby consent to the removal as Guardian of the Person and Guardian of the Estate of Samantha Jo Moore. DATE: ~r /;2.&p?, / ~~~ ~5 'JUL 112007rY IN THE MA TIER OF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA JO MOORE : NO. 21-02-1147 : GUARDIANSHIP ORDER FOR CONTINUANCE i" AND NOW, this ~ day of July, 2007, upon consideration of the Petition for Removal of Guardian, the Court being advised that the Guardian, Lynda Rebert, hereby consents to her removal as both Guardian of the Person and Guardian of the Estate of Samantha Jo Moore, and the Court being further advised that Samantha J 0 Moore is eighteen (18) years of age, it is hereby directed and ordered as follows: 1. The Petition for Removal of Lynda Rebert as Guardian of the Person and Estate of Samantha J 0 Moore is granted; 2. A hearing on the other issues raised in the Petition for Removal is continued until a date to be set by the Court; and 3. Respondent's counsel is to notify this Court ofthe completion and outcome of the criminal trial. By the Court, ,~~~ , J. o ~~ ;=\20 :~r: hi ~::o _J-'A -~ (")0 0"" r- :0 -'::J-l :> r--J = = --.l c- c: r- cc: Clerk of Orphans' Court Petitioner, Pro Se Respondent's Counsel Respondent -0 :x N N W cw In Re: SAMANTHA 10 MOORE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-2002-1147 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 07/11/07 JUDGE'S INITIALS: MLE TIME STAMP DATE: 07/11/07 IN RE: ORDER FOR CONTINUANCE ",..........."....,..."'1"",..",.".,',.,',.,,.,"...,......"""""."",.""""""","""',...,""'\"""",,,. SERVICE TO: R MARK. THOMAS ESQ SAMANTHA 10 MOORE LYNDA REBERT METHOD OF MAILING: ENVELOPES PROVIDED BY: ISI USPS DRRR o HAND DELIVERED o OTHER_ ISI PETITIONER o JUDGE o CLERK. OF ORPHANS COURT MAILED: 07/11/07 """""""""""""""""""",,""""",."""""""""""""""""""",,',..,"""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK. OF ORPHANS COURT MAILED: Q~r4~~ Clerk of Orphans' Court IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA JO MOORE NO. 21-02-1147 - GUARDIANSHIP ORDER OF COURT AND NOW, this 29th day of August, 2007, the Court having previously removed Lynda Rebert as Guardian of the person and estate of Samantha Jo Moore by order of court dated July 11, 2007, and the court now having been advised that the criminal matter pending against the Guardian has been completed, IT 15 HEREBY ORDERED AND DIRECTED that pursuant to 20 Pa.C.S.A. ~5531, Lynda Rebert shall file an account of her administration of her guardianship of the person and estate of Samantha Jo Moore for the period from December 23,2002, until July 11,2007. Said accounting shall be filed with the Court on or before November 16, 2007. By the Court, ,-t. ~ ~V M. L. Ebert, Jr., (j J. Samantha Jo Moore R. Mark Thomas Attorney for Lynda Rebert ,:...;...: -~ -.....J I,~~ ) f'c) \..I.) '.0 1"0 r w ...:r In Re: SAMANTHA 10 MOORE ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-02-1147 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 08/29/07 JUDGE'S INITIALS: MLE TIME STAMP DATE: 08/29/07 IN RE: ORDER OF COURT ,.,""""""""""""""""""""""""",""""""""""""""""""""""""""""""""""" SERVICE TO: SAMANTHA 10 MOORE AND R MARK THOMAS METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER ~ JUDGE o CLERK OF ORPHANS COURT MAILED: 08/30/07 """"""""""""""""""""""""""""""""""""""""""""""""""""""""",""','" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: , . GUARDIANSHIP NO 21-02-1147 FINAL ACCOUNT BY LYNDA REBERT FORMER GUARDIAN OF THE ESTATE OF SAMANTHA JO MOORE Lynda Rebert, former guardian of the Estate of Samantha Jo Moore, a minor, and accountant herein, avers as follows: DATE APPOINTED GUARDIAN: DATE GUARDIANSHIP TERMINATED: FINAL ACCOUNT PERSONALTY - PRINCIPAL ACCOUNT DEBITS The Accountant charges herselfwith the receipt of the Minor's personalty as follows: 1. Social Security Deposits 07/10/02 through 12/11/02 @ $542.00/month 01/08/03 through 12/10/03 @$550.00/month 01/14/04 through 12/08/04 @$561.00/month 01/12/05 through 04/13/05 @ $576.00/month 05/11/05 @ $605.00 06/08/05 through 12/14/05 @ $577.00/month 01/11/06 through 04/12/06 @ $601.00/month 2. Child Support Deposits 11/29/04 $34.89 12/03/04 109.85 12/13/04 81.65 12/21/04 69.33 12/28/04 70.90 01/04/05 31.30 01/11/05 47.42 01/18/05 47.42 01/24/05 47.42 01/31/05 37.21 02/08/05 47.42 02/13/05 47.42 02/18/05 47.42 ~ December 23,2002 July 11, 2007 $25,936.00 $ 1.994.07 ~.~ '~r;; J:'! 4::0 5c:n~ ~~!fl ~ ~ g -..I ::z: <=> -< --Q ~~.t r'! I Hi (") r:") C) l!:.!._ ::0 ~;Q C? f""'"l rn ::.:1:)0 C.>C> -n ""F1 _' -n ~.C'5 r-.m <...? ..;;;:. (II -0 :x .s:- .. r , . 03/01/05 $37.21 03/07/05 47.42 03/14/05 47.42 03/21/05 47.42 03/28/05 47.42 OS/20/05 47.42 06/21/05 47.42 06/28/05 47.42 07/12/05 47.42 07/20105 47.42 07/27/05 47.42 08/03/05 47.42 08/09/05 47.42 08/16/05 47.42 11/09/05 47.43 11/15/05 47.43 01/18/06 13.05 01/24/06 47.42 01/31/06 47.42 02/07/06 47.42 02/22/06 47.42 03/03/06 47.42 03/07/06 47.42 03/14/06 47.42 03/21/06 38.64 04/04/06 94.84 TOTAL $27.930.07 2. 3. 4. 5. PERSONALTY - PRINCIPAL ACCOUNT CREDITS The Accountant claims credit for the payment of the Following for the benefit of the minor: 1. Health insurance premiums 2003 - 52 weeks @ $58.10 biweekly 2004 - 52 weeks @ $68.17 biweekly 2005 - 52 weeks @ $66.21 biweekly 2006 - 52 weeks @ $86.87 biweekly 2007 - 26 weeks @ $114.67 biweekly (through 7/11/2007) Sprint, cell phone bills Ob/Gyn, co-pays Dental, co-pays Oral surgery $ 8,753.81 1,058.44 120.00 348.00 207.00 " . 6. Doctor, co-pays 7. Prescriptions 8. Taylor Publishing, yearbook 9. POS, debit card purchases 10. Counseling, co-pays 11. School lunches (131.7 weeks @ $50.00/week) 12. Entertainment (48 weeks @$30.00/week) 13. Food (234 weeks @ $40.00/week) 14. Clothing 15. Magazines, make-up, skin care and hair care 16. New cell phone 17. Music, cd's 18. Christmas shopping money 19. Stereo, guitar and amplifier 20. Toiletries 21. Transportation (unknown) 22. Check to Samantha Jo Moore TOTAL RECAPITULATION Total Income Total Expenditures *Guardian's total expenditures exceed minor's income by $10,541.87. 91.21 456.08 215.50 1,146.80 70.00 6,585.00 1,440.00 9,360.00 3,496.18 576.27 219.40 124.25 800.00 400.00 540.00 2.464.00 $38.471.94 $27,930.07 $38.471.94 ($10,541.87)* . . COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) Lynda Rebert, being duly sworn according to law, deposes and says: that she was the Guardian of the Estate of Samantha Jo Moore, a minor, from December 23,2002, through July 11,2007; that she is the accountant herein; that the attached schedules of income and expenditures made on behalf of the minor as set forth herein, are true and correct to the best of her knowledge, information and belief. ~G~di~ COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) On this, the IS#. day of November, 2007, before me, the undersigned officer, personally appeared Lynda Rebert, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within document, and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~. tte L. McGowen, Notary Public " CERTIFICATE OF SERVICE I, R. Mark Thomas, Esquire, hereby certify that I have served a true and correct copy of the within document on the following person by depositing a true and correct copy of the same in the U.S. Mail at Mechanicsburg, Pennsylvania, First Class Postage pre-paid, addressed to: Date: November 15, 2007 Samantha J 0 Moore 3144 Spring Road Carlisle, PA 17013 ~~ R. Mark Thomas, Esq. R. MARK THOMAS Attorney at Law 101 South Market Street Mechanicsburg, Pennsylvania 17055-3851 Telephone: (717) 796-2100 Telefax: (717) 796-3600 August 23, 2007 The Honorable Merle Ebert, Jr. Judge., Cumberland County Court of Common Pleas One Courthouse Square Carlisle, PA 17013 Re: In the Matter of Samantha Jo Moore No. 21-02-1147 Dear Judge Ebert: Please be advised that following a bench trial that was held on August 16, 2007, the Court on August 21, 2007, entered a verdict of not guilty with regard to criminal charges of Theft by Failure stMaof SamanthaDJosMoore nSpec>fically,tthe Court found guardian of the person and e that there was not a conversion of the minor's assets by the guardian. Please advise how you want to proceed in the petition for removal and accounting whit;h was previously filed by the minor who is now 18 years of age. Very truly yours, 1~~,~/ R. Mark Thomas RMT/jlm ~fi ~ JUL 1120D7 r~y`~ IN THE MATTER OF IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA SAMANTHA JO MOORE N0.21-02-1 147 GUARDIANSHIP ORDER FOR CONTINUANCE AND NOW, this 1 ~~~ day of July, 2007, upon consideration of the Petition for Removal of Guardian, the Court being advised that the Guardian, Lynda Rebert, hereby consents to her removal as both Guardian of the Person and Guardian of the Estate of Samantha Jo Moore, and the Court benig further advised that Samantha Jo Moore is eighteen (18) years of age, it is hereby directed and ordered as follows: 1 • The Petition for Removal of Lynda Rebert as Guardian of the Person and Estate of Samantha Jo Moore is granted; 2• A hearing on the other issues raised in the Petition for Removal is continued until a date to be set by the Court; and 3. Respondent's counsel is to notify this Court of the completion and outcome of the criminal trial. By the Court, J. cc: Clerk of Orphans' Court Petitioner, Pro Se Respondent's Counsel Respondent ~.~~~' ~5~~ ~~~ ~. ~~~~~ ~.. ~~ ,~ ~ ~ ~~~ -_ _ '/