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HomeMy WebLinkAbout11-09-08PENNSTATE _ __ _ _ _ _ _ ~.~ The Dickinson School of Law Representative, Elder I,aw and Consumer Protection Clinic Clinic Message Line: 717-240-5152 45 North Pitt Street 717-240-5102 Carlisle, PA 1']013 Fax: 717-241-3596 Before the Register of Wills of Cumberland County, Peru~sylvania Estate of Robert McLaughlin, Incapacitated No. Affidavit of Foreign Fiduciary Pursuant to section 4101 of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S. §4101, the undersigned, being duly sworn, states as follows: 1. The undersigned is Marcel A. Sager, Esq. in the above captioned estate. 2. The undersigned was appointed or otherwise qualified in and is subject primarily to the supervision and control of the courts of Queens County, NY. Exemplified copies of the appointment or other qualification of the undersigned and the will or other instrument, if any, pursuant to which the undersigned was appointed are attached. 3. No fiduciary has received ancillary authority to act for the estate in the Commonwealth of Pennsylvania. 4. After diligent search and inquiry, the estate is not, to the knowledge of the undersigned or so far as the undersigned has been able to discover, indebted to any person in the Commonwealth of Pennsylvania. 5. The undersigned will not exercise any power in the Commonwealth of Pennsylvania which the undersigned would not be permitted to exercise in the jurisdiction in which the undersigned was, appointed. Sworn to or affirmed and subscribed be~ore me this ~ day of `~' ~~ ~~ `Notary Pub 'c ~' ~~-° ~,~-~,,~ >~.;~a ... ~ _ ..._ ,~„ ~'.~~ ~.. . ~, i J ~_. Signature of Individ I Fiduciary Typed Name: MARCEL A. SAGER Address: 1628 Kings Highway Brooklyn, NY 11229 Certificate No 1444327 STATE OF NEW YORK COUNTY OF QUEENS ss.: I, GLORIA D' AMIGO, Clerk of the County of Queens and also Clerk of the Supreme Court in and for said County, DO HEREBY CERTIFY, that a Commission To Substitute Guardian in the Matter of the Application of Verna Eggleston, Commissioner of Social Services Of The City Of New Yorlc, for the Appointment of a Guardian for Robert McLaughlin, an Incapacitated Person, was filed in the Office of the County Clerk, County of Queens on February 13, 2007, Index Number 15875/2004. TESTIMONY WHEREOF, I have hereunto set my hand and official seal of the said County and Court at Jamaica, N.Y, this 2nd day of June, 2008. rl ------ ,, ~J ---- --- - ------------ ---- ------- - Clerk _ `F_ __ ,-; =3-. t: _ - '~i` is _ _ iv _.: , .1. _. _. ti~ t`, 1 ;.t :..4 ,_ _• ~ ~ ^ is ; ~ _ _: Y'E '.:1 !. t-f itE i i.'- `'l ~~c Li ~... ~} ... Lei .i`iy _. .. .;._., `•;' _ , u.,. ~~. ::'C: ~., _. . e f`ui 7_..: { ~ ~~_•T~. ~. +W't.`, i., ~.~ is :"-'Y ::'.s F . ^` i.~ .i. ti~ ..~ t"b'=1 ~.. rF f 'F <. ~ ~: G~ _ :3: ~; 1 ~ it ' E4 .- e.. i r. . ~'.:. C hF ~~ }. ~. i ~ ~.:~. ~i .. 3..E E'j t. ' wG a ~:•~'l'.3 1 i_.i_i' `, .~. :M.:Vt ~`_~t~ ..~ s~%'s:-~j ~. i l.`. i' ,.. iS~ m.•:. .f ~_ .ter: ~;_ 15875/2D04 COMMISSION TO GUARDIAN (Page 1 of .S.t flUEEN5F LED CLERl4 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ZQOI FEB ~ 3 PM 3.00 -------------------------------------------------------------------- -x In the Matter of the Application of COMMISSION VERNA EGGLESTON, Commissioner of TO~GUARDIAN SOCIAL SERVICES OF THE CITY OF NEW YORK s~r~-r T r rN,rC INDEX NO.: 15875!2004 Petitioner, for the Appointment of a Guardian for ROBERT McLAUGHLIN an Incapacitated Person. ----------------------------------------------------------------------X THE PEOPLE OF THE STATE OF NEW YORK, TO ALL WHOM THESE PRESENTS SHALL COME, GREETING: WHEREAS, by Order Judgment and Commission Appointing Substitute Guardian, duly made on September 25, 200b, and entered in the office of the Clerk of the County of Queens on O G~ ~ , 2006 in a proceeding in the Supreme Court entitled " In the Matter of the Application of Verna Eggleston, Commissioner of Social Services of the City of New York, Petitioner for the Appointment of a Guardian for Robert McLaughlin, " it was found that Robert McLaughlin is an incapacitated person; AND WHEREAS, the Court upon all the papers and proceedings herein decided in accordance with the provisions of the Mental Hygiene Law to appoint a Guardian of Robert McLaughlin; AND WHEREAS, by the Short Form Order dated October 11, 2006, Marcel A. Sager, Esq. having offices at 1628 Kings Highway, Brooklyn, New York 11229, telephone number 718- 645-6677, was appointed Successor Guardian of the Person and Property of Robert McLaughlin T~s-J~(,.~ a7" The l~lbr!%Swaod Gcc~ C>~~7er /qS-~/~/Wooo~diN//f!/~2~--T .z2b G, ffo//rJ Mrl/~f.Z3;, 7~-f-(7~~J7'~n_ AND WHEREAS, the bond required by Orderludgment °~'-~~-------~~~-~-- Appointing 3S~ Substitute Guardian dated September 25, 2006 having been duly executed and filed with the Clerk of the Court by Marcel A. Sager, Esq. the Court Appointed Successor Guardian; AND WHEREAS, the designation of the Clerk of this Court has been duly executed and filed with the Clerk of the Court; AND WHEREAS, the duration of the guardianship shall be indefinite or until further Order of this Court; NOW, THEREFORE, know ye that we have granted, given and committed, and these present do give and commit unto Marcel A. Sager, Esq. the following powers: 1. Exercise only those powers that the Guardian is authorized to exercise by Order of the Court; 2. Exercise the utmost care and diligence when acting on behalf of the incapacitated person; 3. Exhibit the utmost degree of trust, loyalty and fidelity in relation to the incapacitated person; a Afford the incapacitated person the greatest amount of independence and self determination with respect to property management and personal needs in light of that person's functional level; PROPERTY MANAGEMENT POWERS: a. Marshal the assets of the Incapacitated Person, and to invest and reinvest such assets as a prudent person of discretion and intelligence in such matters seeking reasonable income, and to apply sa rnuch of the income and principal as necessary for comfort, support, maintenance and well being of the incapacitated person; b. To collect all income of the incapacitated person, including, but not limited to the social security and pension income of the incapacitated person; c. To pay all bills necessary to maintain the incapacitated person; d. Retain counsel, if necessary, subject to approval of appointment and of fees by the Court and retain an accountant, only if necessary, subject to approval of appointment and of fees by the Court; e. To provide for the maintenance and support of the incapacitated person; f. To apply for government and private benefits for the benefit of Robert McLaughlin; g. -Place the real property of Robert McLaughlin on the market, but obtain Court approval of any proposed sale; .. h. Determine who shall provide personal care and assistance for the incapacitated . person, and have the ability to pay for said services; i. Pay bills after death of the incapacitated person if such bills were incurred prior to his death, and if authority to pay such bills would otherwise have existed; j. Pay the reasonable funeral bills or expenses of the incapacitated person; lc. Defend or maintain civil proceedings on behalf of the incapacitated person; PERSONAL NEEDS POWERS: a. Determine who shall provide personal care and assistance for the incapacitated person; b. Make decisions regarding the social environment and other social aspects of the incapacitated person's life; c. Determine whether the incapacitated person should travel; d. Have access to ar release of the incapacitated person's personal records; e. Consent to or refuse generally accepted routine or major medical or dental treatment; f, Maintain the incapacitated person in an appropriate long term care facility; g. Choose place of abode of incapacitated person; ALL PERSONS ARE HEREBY DIRECTED AND COMMANDED TO DELIVER TO THE GUARDIAN OF THE PROPERTY UPON DEMAND AND PRESENTATION OF A COURT CERTIFIED COPY OF THIS COMMISSION, ALL PROPERTY OF THE INCAPACITATED PERSON OF EVERY KIND AND NATURE, WHICH MAY BE IN THEIR POSSESSION OR UNDER THEIR CONTROL, a~ d ~/~/~REr~f-r ~.t~ /f /1J_C C. S ®11 ~- c~v~ Ol/ ~- ~~~.~./l` a/ }~i ¢- !-~ ca~o crcf7~gyp~j ~2 /7cvl i r f u vt lam' ~v7 ~ /`Gi .~J ~ ?~vr~`°~ ~ b+ r~' r~o~i R -. /T3 mf/~G~ia ~ ~'`c~ ©f4 B ~ pl,vLO~ 1`A /4~e c~,...-. ihai~..~~`e~/~ n~ ~~ SR%ol !/R~17`'.' /:-, ~~~~~~.e~ ply ~ ,~e~,res~~`~GTIv~ of .rAra/ b~.,,~J a~~ ~G,e sL•r / f ~i~ :_ W r! f 7 ~ 5- L~ os .^/ i 4r /Ni+~+~~o ~"Y o !` / vi er Go t-,yG° h,J o ~ '~f n °L Sa' /`Gl~ JD'~ O~p~ 6 1' ~7'` tla~{/7` ~ Su6.fcvib~q/r~o b~ ?hG, t~ l'~ec~'`~+-,.v~ y v~ `~ W u r ( ~ ~1-C~f ~Qi ~l7 ~-~G.r f ~Q vn ~ ~+.~at A/~ ~ /-/ ~4.A fN/T ~ ~ Qi ~G 4 t~`~ G'# rl P/~ ~h a~"' 7Yn e S~.c b f7`> j~..{,.'fie ~ N o.~ ~~Z~*,~y-, s ha !/ vy a'f 7"~fr~e jJO.Il ~.T.rio 4.: a1{ or.-y ci -rGt' o~ /! ~~~P~~l~ i-. .SG31~ !/ac~llf vtv~'`/~i~ ~~'/~t~r er~~/ O~ ~i,~_ ~Oc.~r-?'`' WITNESS, THE HONORABLE CHARLES J. THOMAS, the Justices of the Supreme Court of the State of New York, at the Supreme Court House on the County of Queens this ~~, day of ~b . , 2007: ~~CO~^y~- ~ ~. Clerk of the Court No. 121460 STATE OF NEVI TORH, c0uNTT OF QulENS, Sfi 4 GLORIA D'AMIC0, COUNTY cLlRK AND c1PR1[OFTNlSUPREME e0uRT, QUElNS c0uNTT. DO HlREDT CERTIFY TIUIT 1 NAY! COMPARED THIS c0-T WITH THE O ~ ORIGINAL Fll>'D OR q C RECORDED IN MT OFFICE "'~ ON , ~ ~ ^ i °' - ~~ r I ri AND THAT IT IS A (+,3 r~ CORRECT TRANSCRIPT ~'T~~ THEREFROM AND OP ~ a [~---~ THE WHOLE OF THE "C ORIGINAL. w n !"' 0 ~ WITNESS MT NAND (~ X1 ~ AND SEAL OF SAID COUNTY AND COURT OI 0!!/6.02.2008 4~ ~~ ;. 4 - No. 2794 ,u., a; QUEENS COUNTY CLEF~K 88-11 SUTPHIN BOULEVARD JAMAICA, NEW YORK 11435 THE PEOPLE OF THE STATE OF NEW YORK, BY THE GRACE OF GOD FREE AND INDEPENDENT, To all to whom these Presents may come ,GREETING: KNOW YE, That We, having examined the files and records in the Office of the Clerk of the County of Queens, State of New York, and Clerk of the Supreme Court of said State, in and for said County, Do Find a certain record consisting of a Commission To Substitute Guardian, in the Matter of the Application of Verna Eggleston, commissioner of Social Services Of The City Of New York, for the Appointment of a Guardian for Robert McLaughlin, an Incapacitated Person, was filed in the Office of the County Clerk, County of Queens on February 13, 2007, Index Number 1587512004. No.: 2794 All of which we have caused by these Presents to be exemplified, and the Seal of our said Court for said County to be hereunto affixed. Witness. Ham: ~~~ ~, a.~x A Justice of the Supreme Court of the State of New York presiding at an I:i4.S. part in and for the County of Queens, State of New York the 2nd day of June, in the year of our Lord Two Thousand Eight. ..~ Jerk of the Supreme Court. ~. :~ ~. a Justice presiding at an ~J V I.A.S. Part......../:~...~...of the Supreme Court of The State of New York In and for the County of Queens, do hereby certify that GLORIA D'AMICO, whose name is subscribed to the preceding exemplification is the Clerk of the County of Queens and the clerk of the Supreme Court in and for said County, duly commissioned and sworn, and that full faith and credit are due to her official acts. I FURTHER CERTIFY that the seal affixed to the exemplification is the proper seal of court for said County, and that the attestation thereof is in due form of law and by the proper officer. STATE OF NEvv r vr<n, COUNTY OF QUEENS, ss.: I, GLORIA D' AMICO, Clerk of the County of Queens and Clerk of the Supreme Court of the State of New York. in and for the Count of Queens said court bein a Court of Record do hereb certif the' ~,y~ ~~~~s~s.~~~y t ~*~ whose name is subscribed to the preceding certificate, is a Justice of the Supreme Court of the State of New York, presiding at an I.A.S. Part of said Court in and for the County of Queens, duly commissioned and sworn and that the signature of said Justice to said Certificate is genuine. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the Seal of said County and Court, this kl~ day ofJ UN E in the year Two Thousand Eight '1 / ., i ~ ~ ' 3 County Clerk and~~~~ erk f the Su reme Court. WITNESS my hand at the General Courthouse at Jamaica, County of Queens, State of New York this~,NJ day of ~(~ nl~ in ' the year Two Thousand Eight