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Home My WebLink About04-19-01IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF CLARA MAE GARNER, a/k/a CLARA NO. 2774 KOONS GARNER, an Alleged incompetent PRELIMINARY DECREE AND NOW, this day of April, 2001, upon consideration of the annexed Petition and on motion of Roger M. Morgenthal, Esquire, of FISHMAN & MORGENTHAL, Attorneys for Petitioner, it is ordered and decreed that a hearing on said Petition shall be held in the Cumberland County Courthouse, Carlisle, Pennsylvania, on the ~,3 n`~day of _. ~ , 2001, at o'clock, M., prevailing time, in Court Room No. ~:3 ,before the Honorable Judge ,, ~: At least ten (10) days notice of said hearing shall be given to Clara Mae Garver, a/k/a Clara Koons Garver, the alleged incompetent, and the next-of--kin of said alleged incompetent by certified United States Mail, return receipt requested, or by personal service. V',MAINSERVER\PUBLIC\roger\estate admin\Clara Mae Garver EstateAGarver petition2001.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF CLARA MAE GARNER, a/k/a CLARA NO. 2774 KOONS GARNER, an Alleged incompetent PETITION TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Allfirst Trust Company of Pennsylvania, N.A., successor to Dauphin Deposit Bank and Trust Company, Guardian, respectfully represents: 1. That your Petitioner was appointed Guardian of Clara Mae Garver, a/k/a Clara Koons Garver, an incapacitated person, on December 21, 1966. 2. That by Order of Court dated May 22, 2000, the said Guardian was authorized to expend $1,500.00 per month from principal and income to and for the benefit of Clara Mae Garver, a/k/a Clara Koons Garver. That Clara Mae Garver, a/k/a Clara Koons Garver, has resided in the Gaines Personal Care Home, a foster care facility at 308 Main Street, York Springs, Pennsylvania, since 1980. 4. That your Petitioner has been advised by the owner of the Gaines Personal Care Home that she will no longer provide foster care at her facility after April 30, 2001, and that Edward A. Nelson, M.D., the physician treating Clara Mae Garver, a/k/a Clara Koons Garver, has recommended placement of the incapacitated person in a nursing home. 5. That the Claremont Home in Cumberland County is willing to accept Clara Mae Garver, a/k/a Clara Koons Garver and has a place for her immediately, but at a significantly higher cost than was charged by the Gaines Personal Care Home. 6. That the Petitioner as Guardian will be required to expend more than $1,500.00 per month to cover the costs incurred in arranging the new housing at Claremont Home for Clara Mae Garver, a/k/a Clara Koons Garver. 7. That the balance in the Guardian's account as of April 12, 2001, was $13,089.25. That if the incapacitated person were to die intestate, her heirs-in-law and next-of--kin would be her daughter, Paula S. Garver Tuckey, who is over 21 years of age. 9. That Paula S. Garver Tuckey is unable to provide a home for her mother at her residence. 10. A copy of the letter announcing the closing of Gaines Personal Care Home and a copy of the Petition and Order in this case dated May 2000 are attached for reference purposes. 11. Your Petitioner respectfully requests expedited processing of this request to the extent that the law provides therefor. WHEREFORE, your Petitioner prays your Honorable Court to authorize the expenditure of as much is necessary to cover costs incurred in new housing at Claremont Home for Clara Mae Garver 2 a/k/a Clara Koons Garver from principal and income, and to pay the costs of these proceedings including an attorney's fee, including the depletion if necessary of the entire remaining Guardianship Account. Date: f ~ ~ Respectfully submitted, ALLFIRST TRUST COMPANY OF PENNSYLVANIA, N.A. Guardian of Clara Mae Garver a/k/a Clara Koons Garver, an alleged incompetent By: Sh a W. antz, Trust Officer r ~ Irmo Roger M. Morgenthal, Esquire Attorney for Petitioner FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 3 c. »-y 3n.E -. _ .. .mLK. ~ .S~ f ';",~°' ;.q~ `r~, s~y~ f ,=[ ~ y k ' i i' ae ,r .K r, a , ~ ~. T I .k ~N THE COURT OF COMMON ~' 'D ~I~,T~Mµ~BBRy,LAND BOUNTY,, y~'~i~ . , _ I; t c c, l?'+.t ~1~ '~a4Fr'.~•'~a~~x~1417 -~~N iu.. F - ' ^ ~I '~ 1 Y ~ .4W q R , , - .~, ~ a~•r ~a r -. - ORPHANSf ~O~T ~ ` ~; . IN RE: ESTATE OF CLARA MAE~ ~ ~~-~ ~ ~' " _ ~ ' "' =i ~a ~~ _ ~, ._ - .GARNER, a/k/a_CI;AR~ ~~~~~,~r .1 r~~~ ' , NO •2774 ~ ,;- ~ -~ 4 1 ~T ~ i F. 1 T._ - , KOONS GARNER, an ~'~~~ ~ `;_ _ -- Alleged incompetent ` --~,;y t""-~,~ .~_ ~ ,, , ~~Jti+~~ ~ 0 F7~~ ,r a: ' ' .. yM=~ FINAL X10 .} C ~TRT ~ ~ ~, = /~' AND NOW, this day of 2000, after hearing and on motion of Roger M. Morgenthal, Esquire,Vf FISHMAN & MORGENTHAL, attorneys for Petitioner, it is ordered and decreed that the Petitioner is authorized to spend from principal and income to and for the use and benefit of the incompetent $1,500.00 per month, and to pay.the costs of these proceedings, including an , attorney's fee, all of which payments shall be made from principal and income as needed. By the Court: ,_ , ' r~ - A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA This. day of`"YY~ 2000 Clerk of the Orphans Court ~ Cumberland County -- ~~ ,. .. { lJ~ ~- 7'l S - J ... e f ~ ~ r _ * ~ i i~r ~f ~ ~ ~ Ty,-' Y l~ 5 . ~ ~~ ~ 3~Y a ~ _~' - ~i. r~, n d ~ ~ ~ ~ d Y ~ M ~~~ ~1 ~ .~ t ks ~~,~"' ~~. "F ~ . t' A' w i~ .. ... -, -..r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF CLARA MAE GARNER, a/k/a CLARA NO. 2774 KOONS GARNER, an -° - Alleged incompetent - -- - - - PRELIlVIINARY DECREE AND NOW, this ~~ day o ~~, 2000, upon consideration of the annexed Petition and on motion of Roger M. Morgenthal, Esquire, of FISHIVIAN & MORGENTHAL, Attorneys for Petitioner, it is ordered and decreed that a hearing on said Petition shall be held in the Cumberland County Courthouse, Carlisle, Pennsylvania, on the ~?~ day of , 2000, at ~ ~ o'clock, . M., prevailing time, in Court Room No. .~ ,before the Honorable Judge J~~ ~.~~ ~ At least ten (10) days notice of said hearing shall be given to Clara Mae Garver, a/k/a Clara Koons Garver, the alleged incompetent, and the next-of--kin of said alleged incompetent by certified United States Mail, return receipt requested, or by personal service. A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA This . ~ ~' - -day of 200 _ Clerk of the O ans Court Cumberland County By the Court: ~ ~. ~1~~ J. ~_ \\MAINSERVER\PUBLIC\rogerlestate a~ .a\Garver petition.doc IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF CLARA iV1AE GARNER alk/a CLARA NO. 2774 KOONS GARNER, an Alleged incompetent PETITION TO THE HONORABLE JUDGES OF SAID COURT: The Petition of Allfirst Trust Company of Pennsylvania, N.A., successor to Dauphin Deposit Bank and Trust Company, Guardian, respectfully represents: 1. That your Petitioner was appointed Guardian of Clara Mae Garver, a/k/a Clara Koons Garver, an alleged incompetent, on December 21, 1966. 2. That by Order of Court dated March 16, 1994, the said Guardian was authorized to expend $1,000.00 per month from principal and income to and for the benefit of Clara Mae Garver, a/k/a Clara Koons Garver, and $4,000.00 for her funeral. 3. That the balance in the Guardian's account as of Apri15, 2000, was $15,781.33. 4. That the monthly income is approximately $721.00 comprised of approximately $66.00 from ARK Funds investments and $6>j.00 from Social Security benefits. 5. That in 1999, average monthly expenditures were $917.21 of which $2,424.13 were from principal. A copy of the 1999 income and expenses is attached hereto as Exhibit "A." 6. That on Apri13, 2000, the Guardian was informed by letter from Janet Gaines that beginning in April, 2000, the monthly room and boazd at Gaines Personal Care Home where the alleged incompetent resides will be increased from $700.00 to $800.00 per month. A copy of said letter is attached hereto as Exhibit "B." / _' 7. That the current monthly authorization will not cover the necessary expenses with the increased room and board charge. 8. That were the alleged incompetent to die intestate, her heirs-in-law and next-of--kin would be her daughter, Paula S. Garver Tuckey, who is over 21 years of age. WHEREFORE, your Petitioner prays your Honorable Court to increase the amount authorized for expenditure to $1,500.00 per month from principal and income to and for the benefit of Clara Mae Garver a/k/a Clara Koons Garver, and to pay the costs of these proceedings including an attorney's fee, all of which payments shall be made from principal and income as needed. Date: ~'~P'- OD Respectfully submitted, ALLFIRST TRUST COMP:~'~1Y OF PEWSYLVANIA, N.A. Guardian of Clara Mae Garver a!k/a Clara Koons Garver, an alleged incompetent By: ~ Shelda W. an , Trust Officer Roger M. Morgenthal, Esquire _ Attorney for Petitioner FISHMAN & MORGENTHAL 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ESTATE OF CLARA MAE GA.RVER, a/k/a CLARA NO. 2774 KOONS GARNER, an Alleged incompetent COMMONWEALTH OF PENNSYLVANIA :. :: ss. COUNTY OF CUMBERLAND :: I, Shelda W. Yantz, Trust Officer of Allfirst Trust Company of Pennsylvania, N.A., being duly sworn or affirmed according to law, depose and say that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Shelda W. Yan Sworn or armed and subscribed To before me this ~ ~ ~ day of April, 2000. J n otary Publ NOTARIAL SEAL KATHY L YUYYERT, NOTARY PUBLIC - -. -- CITY OF CAAUSLE. CUMBERLAND CO., PA YY COMMISSION EXPIRES AUGUST it, 2003 Summary of Expenses and Income from 1/1/99 to 1?131/99 on Guardianship Account of Clara M. Garver (12543 80501) Income: Dividends ~~~- ~ - ~ : ,--;.-..,.a~'~r.:..~ Interest (ARK Money Market) ~:~''~ Interest Citizens Nti Bank, Heintzelma~ Rent Rebate Social Security ~ijcit^O =~~C = ° $ 896.93 32.37 i Trust - 399.07 225.00 7.029.00 Total Income $8,582.37 E~sasss: Gaines Personal Care Home 58,400.00 Dental 107.00 Foot Care, Clothing, Guide Post Niagazine 103.90 Local Income Tax 9.80 Personal Property Tax (Individual) 14.70 Pharmaceuticals (not covered by insurance or PACE) 198.00 Medical Insurance Premiums 946?0 Hospital Expense 89.00 Reimbursement to Janet Gaines for out-of-pocket expense for hair care, and misc. items fbo C. Garver 714.45 Allfirst Fees/Commissions ._. .. .. _. _ _. __.......... ___ . _ 4~~ 4 _ _ _.__,_... . Total Expenses Expenses from Income -1999 Expenses from Principal - 1999 $11,006.50 _ 12 = $917.21 month $8,582.37 $ 2,424.13 ~'Kl~~g ~T '~' Q4/16/2001 13:22 ?1?249863, aLLFIRST CARL MAIN P~Sr,E el/0 FIRST TRlJ5? CDI1pAItiY ADl4iy PG 1 HOkQ1IVt;S LIST PRICED AS DF: 41121x1 0411610E 14:10 43BQ50a #SARVER}L M GtI CASH BASIS fCIIRiiY DESCRIRTI4M1 P ANNUAL INC! Cl1RR SHARESIP4' BARNET JALifE FEDERAL COST 7~1KT UNREAL G{L YIE!0 ;ASH MAIuAflEMENT 1IEHtClES ARK MONEY AARYET PORTFOLIO 44b71140a 1 12,b33.2300 11.633.26 :2,h?3.28 $6.5 aRK MONEY tlARKET PORT~C1lI0 a407114bU 3 455.470b 455,47 155.47 3.5 INVESTMENTS 13,0@4.25 13,088.25 100.0 ?RIVCiPAL CASH 0 O.aO TOTAL 13,069.25 13,UB9.75 INCOME CASK 455.9' NU, INCOME CASH -455.?7 ERY LIQLIO BALANCE 13,084.25 b32 o s.a 23 a 5.a b55 5.0 a