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Home My WebLink About04-05-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION 1N RE: THE ESTATE OF , ELIZABETH M. GARDOSIK, AN , ALLEGED INCAPACITATED PERSON N0.21 - 08 - 0224 c_n_-~ _ o ~"A CJJ ~ ~ ,~ ~`~~~ C;~m ~ PETITION TO EXPEND FUNDS FROM P inirrl~AI. `_' V~ ~ ~ c~ < CJ7 ~_, c- ~ _~ -~`~ iv TO THE HONORABLE JUDGES OF SAID COURT: ~ 1. Petitioners are Sandra M. Gardosik, an adult individual residing at 3030 North 3'~ Street, Harrisburg, PennsYlvania,17110, and her brother, Andrew Gardosik, an adult individual residing at 88 Marbob Road, Halifax, Pennsylvania, 17032. 2. By Decree of this Court entered April 16, 2008, a copy of which is attached hereto, your Petitioners were appointed Plenary Guardians of the Person of their mother, Elizabeth M. Gardosik, and of the Estate of their mother, Elizabeth M. Gardosik. 3. The said incapacitated person, Elizabeth M. Gardosik, is a widow, is now 83 years of age, and resides in her home with her son, David Gardosik, at 4814 Virginia Road, Mechanicsburg, Cumberland County, Pennsylvania. 4• Because of the deterioration of her physical and mental condition, it is anticipated that within the next several months, the said Elizabeth M. Gardosik will no longer be able to continue to reside at her residence at 4814 Virginia Road, Mechanicsburg, Pennsylvania. 4i _~' i ~ -1 ~. f ~i ~•-.. •1 ~~~ '~ -,, ~' ~ ' ~:7 -,- _. ~~~ ~.~ ~, S. Your Petitioners have investigated placing their mother in an assisted care facility with two possibilities as follows: A. The Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA 17011. Fees as follow: move in fee - $1,800.00; monthly rate $3,694.00. B. Loyalton of Creekview, 1100 Grandon Way, Mechanicsburg, PA 17050. Fees as follows: move-in fee - $3,000.00; monthly rate $3,795.00. 6. Petitioners also believe it reasonable and prudent to maintain their mother's residence at 4814 Virginia Road, Mechanicsburg, Pennsylvania, until such time it is able to be marketed for sale. Petitioners' sibling and son of the incapacitated person, David Gardosik, has resided in said residence for his entire life and is unemployed and has been providing the daily care for his mother for many years. 7. Petitioners are proposing that they be permitted to pay to David Gardosik the sum of $12,000.00 as compensation for the care that he has provided to his mother. This payment will assist him with living expenses until such time as he is able to secure employment. He will continue to reside in and maintain his mother's residence until such time as he can make other living arrangements. 8. The existing assets of the said Elizabeth M. Gardosik are as follows: A. Real estate situate at 4814 Virginia Road, Mechanicsburg, Pennsylvania, 17050 -estimated value $140,000.00 B. Personal Prol~'h'~ MML Investor Services, account #H'rM013536, value $150,132.00 9. The monthly income of Elizabeth M. Gardosik is as follows: Social Security - $1,074.00 Dividends and income from MML Investor Services - $500 00 Rite Aid Pension $138.00 Total monthly income; $1,712.00 10. The placement of Elizabeth M. Gardosik in an assisted care facility and the payment of $12,000.00 to David Gardosik will necessitate Petitioners spending from the principal of their mother's assets. WI~REFORE, Petitioners respectfully request your Honorable Court to enter an Order allowing them to expend liom the principal of their mother's estate so much as maybe reasonable and necessary to place her in an assisted care facility and to pay the monthly cost related thereto and to pay $12,000.00 to David Gardosik for the reasons set forth herein. March <~!-0~j, 2010 ~ ~ GI ~ Y M. I ~ RWIN, ESQUIRE 424 Ste Route 209 Elizabethville, PA 17023 (717)362-32I5 Supreme Court ID#21222 Attorney for the Petitioners yFRIFI ATION I, SANDRA M. GARDOSIK, verify that the statements made in the foregoing Petition are true and correct to the best of my persona( knowledge, information and belief. I am understand that the statements made herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. March ~riO~, 2010 ~1~ 1~~~ SANDRA M. GARDOSIK FY~IFICATION I, ANDREW GARDOSIK, verify that the statements made in the foregoing Petition are true and correct to the best of my personal knowledge, information and belief. I am understand that the statements made herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unswor falsification to authorities. March ~ ~~, 2010 _j~ ANDREW GARDOS D:VNLBVNCAFAC1Petition to Hxpbnd Fmi~.Gmdoaik.wpd i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: THE ESTATE OF ELIZABETH M. GARDOSIK, AN . ALLEGED INCAPACITATED PERSON NO. oZ 1 ~ ~ ~ ~~ '~,~ FINAL DEC EE AND NOW, this day of ..~ ~ , 2008, upon consideration of the annexed petition and after hearing held following due notice, it is hereby ORDERED and DECREED that, based upon a finding that ELIZABETH M. GARDOSIK suffers from Alzheimer's disease and has moderate to severe memory loss and is unable to make, communicate or participate in any decision relating to her estate or person, ELIZABETH M. GARDOSIK is adjudged totally incapacitated. Sandra M. Gardosik and Andrew Gardosik are appointed plenary guardians of the perts~on of ELIZABETH M. GARDOSIK and of the estate of ELIZABETH M. GA~OSII~ ~.~,<<Lj ~~ powcs'~a ~~ joy ~~~t ~ Q3~~~2~~~~ ~ ~,.~ ~ ~, l-, Tom' sp t c.'~ ~, ~ 1~ c.. ~ ~ s~ - r, ~~., ~ a~ ~ ~C c S1 ~ C= . Within 12 months of the date of this Decree and at least annually thereafter, the respective guardians shall file with this Court a report which shall include all information as required pursuant to 20 Pa. Cons. Stat. § 5521(c). ELIZABETH M. GARDOSIK has twenty (20) days from the date of this Decree to file exceptions. Failure to file exceptions within that time will result in this Decree becoming final. ELIZABETH M. GARDOSIK has been advised of her right to appeal and to petition to modify or terminate this guardianship by copy of this Decree and by the Statement of Rights attached hereto. Bond shall not be required. yc ~ - , 1UYlC : ~~ ;.~ ;,~ ~ i~ ~U ~`Jl Jac10 0£ ~£ Nd 9I ddir 8001 1j'' ' `I .: 1~...n~ ~.) it n JV J~./I} \J ~JI. U~/U~~U~ CERTIFICATE OF SERVICE I, GREGORY M. KERWIN, Esquire, hereby certify that a true and correct copy of the Petition to Expend Funds from Principal, were served via first class mail, postage prepaid, upon the following counsel: Lorin A. Snyder, Esquire Turo Law Offices 29 South Pitt Street Carlisle, PA 17013 Dated: April ~ , 2010 2~~ By G G Y . KERWIN, Esquire KER N KERWIN 4245 Route 209 Elizabethville, PA 17023 (717)362-3215 Attorney for Petitioners Sandra M. Gardosik and Andrew Gardosik