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HomeMy WebLinkAbout08-24-10IN RE: MARY A. BARZDA An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. oL~' 0 - O8'(S ORPHANS 2010 PETITION FOR ADJUDICATION OF INCAPACITY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Ann P. Barzda, by her attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: 1. Petitioner Ann P. Barzda, who resides at 103 Broad Street, Mount Holly, New Jersey 08060, is a daughter of the alleged incapacitated person herein. 2. Mary A. Barzda, the alleged incapacitated person herein, is a widow, was born on January 3, 1928, and is a domiciliary of the Church of God Home, 801 North Hanover Street, Carlisle, Pennsylvania 17013. 3. The name and address of the next of kin, other than Petitioner, of the alleged WAYNE F. SHADE AttomeyatLaw 53 West Pomfret Street Carlisle, Pem~sylvaaia (7013 incapacitated person who would share in the estate of the alleged incapacitated person if N the alleged incapacitated person were to die intestate is Susan Barzdan ofd _.. =~? j ~ a m c ~-~ r c,_., •,. _~ Sherwood Road, Mt Waverley Victoria 3149 Australia. ~rn N `-''''~~~ , , ~~ .~- n-; ~_~ ~.: pn~ r-~ ~-_, v C70-n __ ~~ ~ "~ w 4. The name and address of the institution providing residential services to the alleged incapacitated person is Church of God Home, 801 North Hanover Street, Carlisle, Pennsylvania 17013. 5. The name, address and services of the other primary service provider for the alleged incapacitated person is Michael O. Daniels, M.D., Three Springs Family Practice, 303 North Baltimore Avenue, Mt. Holly Springs, Pennsylvania 17065, medical services. 6. The estimated gross value of the estate of the alleged incapacitated person as of the date of filing of this Petition is $440,000, consisting primarily of an annuity and two whole life insurance policies with a total cash value of approximately $327,000, a certificate of deposit with a value of approximately $62,000, an undivided one-third interest in her residence with her two daughters valued at approximately $45,000, a checking account with an approximate value of $5,000, and miscellaneous tangible personal property of a nominal value. WAYNE F. SHADE Attorney at Law 53 West Pomfret stmt Carlisle, Petmsylvania 17013 -2- ~. The income, from all sources, of the alleged incapacitated person as of the date of filing of this Petition, to the extent that this information is known to Petitioner, is approximately $1,000 per month consisting of social security. 8. The alleged incapacitated person was never a member of the armed forces of the United States and is not receiving benefits as a result of any military service. 9. The alleged incapacitated person is totally incapacitated or impaired in the ability to make and communicate decisions for the management of her financial resources or to meet the essential requirements for her physical health and safety for the reason that she has been diagnosed by her attending physician as suffering from senile dementia of the ~ Alzheimer's type. 10. It is the opinion of Michael O. Daniels, M.D., the attending physician of the alleged incapacitated person, that there are no less restrictive alternatives to adjudication of incapacity. WAYNE F. SHADE Attomry at Law 53 West Pomfret Sweet Carlisle, Pem~sylvania (7013 -3- 11. It is requested that the Guardian of the estate be assigned the powers to manage the assets of the alleged incapacitated person and pay her obligations. 12. It is proposed that Petitioner be appointed plenary Guardian of the estate of the alleged incapacitated person because, although the approximately $327,000 of the annuity and life insurance policies of the alleged incapacitated person are with PNC Investments, PNC Bank is not interested in acting as Guardian of the estate for the reason that it could not justify its minimum annual fee of $7,500 for the limited management responsibilities that would pertain to an estate which consists primarily of an annuity and two life insurance policies. 13. There would be no significant risk to the alleged incapacitated person in the appointment of her daughter as the Guardian of the estate where the majority of the assets is held in the annuity and the life insurance. 14. The proposed Guardian of the estate has no interest adverse to the alleged incapacitated person. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pemtsylvania 17013 -4- 15. Other than the expenses in connection with the real estate of the alleged incapacitated person, the only expenses of the alleged incapacitated person will be the expenses for her care at the Church of God Home and any uninsured medical expenses. 16. In advancing this Petition, Petitioner confirms her consent to act as Guardian of I the estate. 17. The consent of the only other heir of the alleged incapacitated person to the appointment of Petitioner as the plenary Guardian of the person and estate of the alleged incapacitated person is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 18. The care of the alleged incapacitated person is approximately $7,500 per month, including meals. 19. The income of the alleged incapacitated person is insufficient to pay the cost of her care. WAYNE F. SHADE Attorney at Lew 53 West Pomfret Street Carlisle, Pennsylvania 17013 -5- 20. The proposed Guardian of the person of the alleged incapacitated person is the Petitioner who is related to the alleged incapacitated person as her. daughter. 21. No other Court has ever assumed jurisdiction in any proceeding to determine the competency of the alleged incapacitated person herein. 22. The alleged incapacitated person herein has no Guardian of her estate or person. WHEREFORE, Petitioner prays that a Citation issue directed to the alleged incapacitated person herein with notice thereof to the next of kin of the alleged incapacitated person and to the Director of Admissions of the Church of God Home, to show cause why she should not be adjudicated an incapacitated person and a Guardian of her estate and of her person be appointed. Respectfully submitted, ~ ~~«•~~ Wayne .Shade, Esquire Supreme Court I.D. #15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243 -0220 WAYNE F. SHADE Attorney u Law 53 West Pomfret Street Carlisle, Pennsylvania (7013 Attorney for Petitioner -6- I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pem~sylvania 17013 Date: August 20, 2010 Ann P. Barzda Page 1 of 2 Main Identi From: "Susan Barzda-Ryan" <Susan.Barzda-Ryan@infrastructurecapital.com.au> To: "'Wayne F. Shade"' <waynefshade@comcast.net> Cc: "Barzda, Ann" <hillcrestferrets@yahoo.com> Sent: Friday, August 06, 2010 6:03 PM Subject: RE: Mary Barzda Dear Mr Shade, Thank you very much for your communication. I provide my consent to my sister, Ann Barzda, being appointed as legal guardian of my mother and I am very grateful to her for taking on the role. i have no objections to the process and thank you for contacting me in regards to this matter. Kind regards, Sue Susan Barzda-Ryan Company Secretary Direct +61 3 8680 3502 Mobile: +61 423 364 150 Fax. +61 3 6680 3555 susan.barztla-ryan@ infrasVucturecapital.com.au L38/120 Collins Street. Melbourne VIC 3000 GPO Box 220.. Melbourne VIC 3001 lnfrastructi~r~ Capital From: Wayne F. Shade [mailto:waynefshade@comcast.net] Sent: Friday, 6 August 2010 3:17 AM To: Susan Barzda-Ryan Cc: Barzda, Ann Subject: Mary Barzda Susan: As you are aware, your mother's attending physician indicates that your mother no longer has the capacity to live independently and manage her legal and financial affairs. The indications are that your mother's incapacity is not limited but is complete in these respects. Therefore, at the request of the Church of God Home, where your mother is residing, your sister is proceeding to have legal guardians of your mother's person and of her assets appointed by the court. Your sister has asked this office to assist her in this process. The purpose of this email is to inquire as to whether or not you have any objection to this process. If you have no objection, please indicate your consent by return email Should you have any questions in any respect, please feel free to call this EXHIBIT "A-1" 8/10/2010 Page 2 of 2 office at 717-243-0220 or to address your questions by email. Wayne F. Shade, Esquire Attorney-at-l_aw 53 West Pomfret Street Carlisle, PA 17013 Telephone: 717-243-0220 Fax: 717-249-0017 E-Mail: wavnefshadeCa)comcast.net CONFIDENTIALITY NOTE: THE INFORMATION CONTAINED IN THIS ELECTRONIC MAIL TRANSMISSION IS LEGALLY PRNILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS ELECTRONIC MAIL MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS ELECTRONIC MAIL IN ERROR, PLEASE ACCEPT OUR APOLOGIES AND IMMEDIATELY DELETE IT, AS WELL AS NOTIFYING US OF THE ERROR BY REPLYING TO THIS ELECTRONIC MAIL OR CALL US AT 800-243-0220. EXHIBIT "A-2" 8/10/2010