Loading...
HomeMy WebLinkAbout76-0488IN RE: HERBERT L. LINDERER, JR., incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 76-488 a L a a a ava ~ a~ vaa aaar . a _... • aaaua aaaaa a CO-GUARDIANS PURSUANT TO 20 Pa.C.S.A. & 5512.2 r,~, =_' vi ~ UDGES OF THE SAID COURT E ~. r, ~ /?~ ~ : TO THE HONORABLE, TH J Q ~ ~ U AND NOW COMES, Judith A. McNeill and JoEllen Giacomini, Petitione~s~y and ,` `~~~ through their attorney, Jaime L. High, Esquire, and aver the following in support of the wi thin Petition for Review Hearing to Appoint Substitute Co-Guazdians Pursuant to 20 Pa.C.S.A. § 5512.12: 1. Petitioner, JUDITH A. MCNEILL, an adult individual, resides at 2184 Seven Lakes South, West End, North Cazolina with a mailing address of 2184 Seven Lakes South, West End, North Carolina. 2. Petitioner, JOELLEN GIACOMINI, an adult individual, resides at 210 Charlotte Avenue, South Bound Brook, New Jersey. 3. On September 14, 1975, HERBERT L. LINDERER, JR. was adjudicated an incapacitated person by the Honorable Dale F. Shughart, J. and Herbert L. Linderer, Sr. was appointed guardian of his person and estate. (See Exhibit "A" -Order dated September 14, 1976). 1 4. HERBERT L. LINDERER, JR., the incapacitated person, resides at Manor Care, 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania and has been residing at Manor Care since a work accident occurring on June 23, 1976. 5. Petitioners are the only siblings of HERBERT L. LINDERER, JR., the incapacitated person. 6. Herbert L. Linderer, Sr., the guardian of HERBERT L. LINDERER, JR., resides at 1914 Kent Drive, Camp Hill, Pennsylvania. 7. Herbert L. Linderer, Sr., has been diagnosed with senile dementia and his cognitive abilities have been diminishing. (See Exhibit "B" -Letter from Dr. Thomas A. Young). 8. It is anticipated Herbert L. Linderer, Sr.'s senile dementia will continue to progress and his cognitive abilities will continue to deteriorate. 9. HERBERT L. LINDERER, JR., the incapacitated person, has indicated to his sisters, Judith A. McNeill and JoEllen Giacomini, that he has noticed the deterioration in the cognitive abilities of his father and guardian, Herbert L. Linderer, Sr. 10. Herbert L. Linderer, Sr. consents to being removed as guardian for HERBERT L. LIlVDERER, JR., the incapacitated person, and the appointment of Judith A. McNeill and JoEllen Giacomini as substitute co-guardians. 2 11. Herbert L. Linderer, Sr. should be removed as guardian of the estate and person of HERBERT L. LINDERER, JR., the incapacitated person, to prevent any wasting and possible mismanaging of the estate and person of HERBERT L. LINDERER, JR., the incapacitated person, that maybe caused by the guardian's mental deterioration due to his senile dementia. 12. The Petitioners, the proposed substitute co-guardians, have no interest adverse to HERBERT L. LINDERER, JR., the brother of the Petitioners. 13. The consents of the Petitioners are attached hereto. (See Exhibit "C" -Consents of Substitute Co-Guardians). 14. Petitioners have advanced their personal resources to secure legal representation regarding this Petition and have advanced filing fees associated with this Petition and seek reimbursement of the same from the incapacitated person's funds. 3 av F..F.: ~~i~ T.. La~Lszz ~, Iti TH:. CtW F2'Z of e~~N PL '~..~.5 Q~ { k cB:~yxza.~n cQ~r*r~^r, pga~rsyava:raa ~. ORPFL'~..ti$' COtiRT Aa~ZSION SIR. r ~ NO. 488 OR.°H~`~S' 1976 y;, ~ !.. k, `:f ~9 ©2~~tZ. `~.. A.`rD :i09ii, this 34t.': day of September ~ 1476 at ~ ~: ~ o'clor.3c F.`4•. upon consideration of the Petition tb Adjudicate Inccsnpetaace filed in t.Psis mattes and aftez hearing held, it is t~RIIERED and ,'fDJt1UZC.~'1`EII: 3. That the attendance of Herbert L. Lindezer, 3r. at t':e hearing is excused: tTse Court being satisfied u~m preseaetatioaa of competent medical testimony that he is unable to attend or comprehend the proce~ings: 2_ That Herber' L. Linderer, Jr., by reason of the injmries received in an accident on 3une 23,.1976, . F. is mentally a,*yd 'physically unable to care for hiasself or aaanage his property, is adjudged ors incompetent; 3. That Herbert L. Liaderer, Sr., father of tine incompetent, is agpo~nted Guardian of the person and the i±state of Herbert L. Linderer, 3r. and, in view of the modest assets of the incompetent and the circimestances of the case, the Guardian i ~ cased Q ~ ~si~'h- tea"''" t' f~~~ t3,ng a~ d• Q"i ~` .~,~~r6~~~.b.~.~ f ~"'"'~ _ P.3. . ~~~ ~ . ` ,. ~~. . , , Maan~~e J. Lewis, M.D., F.~.C.R Roger d. Gustavson, M.D. G~eq R. Ehga~tne~, D.O. T6ama5 A. Voanq, M.D., F.A.C.P. usque~lanna ~nte~na~ Medicine ~ssociafes, pC. E~~~ J. D~ndeP, M.D. Kathryn M. Frantz, M.D. Retired Donald D. Freedman, M.D. October 13, 2010 Jamie High Coyne & Coyne, PC 3901. Market Street Camp Hill, PA 17011 To Whom It May Concern: RE: HERBERT L. LINDERER DOB: 11/15/1928 Please be advised that I have been taking care of Mr. Lingerer since 1999. He has a history of hyperlipidemia, degenerative joint disease, benign prostatic hypertrophy and, most significantly, worsening history of senile dementia. His symptoms of memory loss first appeared in 2004 and they have progressively been getting worse despite the addition of Aricept and Namenda. I expect his mental status to slowly deteriorate. At this point, I do not feel that he is competent to act as guardian for his son. If you have any specific questions, please do not hesitate to contact me. Yours Sincerely, q ~'LP Thomas A. Young, M.D. TAY/j aki Medica~ ~rts 13ai~dinq ^ Suite 508 ^ 890 pop~ar C~urc~ Road ^ Camp Hi~~ Penna. 17011 ^ (717) 761-3875 ^ Fax (717) 761-7893 COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (71?) 737-0464 IN RE: IN THE COURT OF COMMON PLEAS OF HERBERT L. LINDERER, JR., CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person ORPHANS COURT DIVISION NO. 76-488 CONSENT OF SUBSTITUTE CO-GUARDIAN OF THE ESTATE AND THE PERSON I, JUDITH A. MCNEILL, hereby consent to act as the Substitute Co-Guardian of the Estate and the Person of my brother, HERBERT L. LINDERER, JR.. I reside at 102 E. Devonshire Avenue, West End, North Carolina with my mailing address being 2184 Seven Lakes South, West End, North Carolina and am employed full-time as the owner of a screen printing and embroidering business. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to HERBERT L. LINDERER, JR., my brother, the incapacitated person. Dated: / // - ~ ~ . /~~ TfH A. MCNEiLL roposed Substitute Co-Guwdian O llOl ~S ~ Nd(' U _~na~a~a COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 IN RE: IN THE COURT OF COMMON PLEA5 OF HERBERT L. LINDERER, JR., CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person ORPHANS COURT DIVISION NO. 76-488 CONSENT OF SUBSTITUTE CO-GUARDIAN OF THE ESTATE AND THE PERSON I, JOELLEN GIACOMINI, hereby consent to act as the Substitute Co-Guardian of the Estate and the Person of my brother, HERBERT L. LINDERER, JR.. I reside at 210 Charlotte Avenue, South Bound Brook, New Jersey and am employed full-time as the Membership Registrar for the Girl Scouts Heart of New Jersey. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to HERBERT L. LINDERER, JR., my brother, the incapacitated person. .-. t Dated: '~ \ °- JO EN GIACOMINI Pr o d Substitute Co-Guardian ~~u''~ ~I JAN 1;~. 2011 L CERTIFICATE OF SERVICE I, Jaime L. High, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for Review Hearing was served this date upon the below-referenced individuals at the below listed address byway of first class mail, postage pre-paid: Herbert L. Linderer, Sr. 1914 Kent Drive Camp Hill, PA 17011 Dated: ~ ~~ ~~ e L. High, Esq ' Attorney for Petitioners IN RE: HERBERT L. LINDERER, IN THE COURT OF COMMON PLEAS OF CUMBERTaAND COUNTY, PENNSYLVANIA JR. : ORPHANS' COURT DIVISION ~ g S ~i.uv,a.o~ 19 7 6 ORDER AND NOW, this ~ day of ~ fit, 1976, at o'clock .M., upon consideration of the foregoing Petition and upon motion of David E. Lehman, Esquire, Attorney for the Petitioner, is hereby order/ed and decreed that a hearing be set for ~~ ~~~y( 1976, at ~-~ o'clock /- .M., in Courtroom No. (, Cumberland County Courthouse, to determine whether Herbert L. Linderer, Jr. should be adjudicated an incompetent and Petitioner appointed as guardian for him. The incompetent Herbert L. Linderer, Jr. is excused from attendance at the hearing; however, medical testimony shall be presented at the hearing concerning the mental and physical condition of the alleged incompetent. i` i P.J. ,l4 ,l a~ ao~,K ~.~~ i~~~cE 3~~ IN RE: HERBERT L. LTNDERER, JR. IN THE COURT OF COI~'RlON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANu' COURT DIVISION : 1976 PETITION TO ADJUDICATE INCOMPETENCE AND TO APPOINT GUARDIAN OF"THE ESTATE 1. Petitioner is Herbert Linderer, father of the alleged incoatipetent, having his residence at 1914: Kent Drive, Camp Hi11, Cumberland County, .Pennsylvania. 2. The alleged incompetent is Herbert L. Linderer, Jr., now 19 years of age, having been born on April 9, 1957. He is the son of petitioner, and up until the time of the accidenft he resided with petitioner and petitioner's wife at the above address. 3. At the date of preparation and filing of this petition, the alleged 'incompetent Herber~k L. Zinderer, Jr. is and has been a patient at the Holy Spirit Hospital, Camp Hill, Pennsylvania since June 23, 1976. While at work at his place of employment at Otto & Hollinger, Lemoyne, Pennsylvania, Herbert L. Linderer, sx. was gravely injured. While he was maneuvering a hydraulic boom on the back of a delivery truck, that boom came in contact with, or came sufficiently near to cause electrical contact with :an over- head high voltage wire. Herbert L. Linderer, Jr. was im- mediately electrocuted, sustaining serious burns-to .portions of his body and particular injury to his brain. 4. Herbert L. Linderer, Jr. has remained as a patient at the Holy Spirit Hospital since June 23, 1976, eo~r~ 1,~~~ ',~,cc 3~4 having been a patient first in the intensive care unit for a period of approximately two weeks and thereafter was removed to a private room. Petitioner believes that in the near future.. Herbert Linderer, Jr. will be transferred to a nursing home for ongoing custodial care. 5. Since the date of his injury, Herbert L. Linderer, Jr. has been unable to make any voluntary move- ment, is fed by direct application of feeding solutions to his stomach, has been unable to speak or visibly under- stand speech to him and, petitioner is advised, is unable to see, all because of the injuries to his brain sustained in the accident. Petitioner is advised, however, that the status of the life of Herbert L. Linderer, Jr. is fairly stable, that the duration of his life is uncertain. However, the doctors do not project or anticipate that there will be any substantial recovery in his condition. for the fore- seeable future he will require constant custodial care to attend to all his physical needs. 6. The next of kin of the alleged incompetent who would be entitled to share in his estate should he now die intestate are petitioner Herbert Linderer and the wife of petitioner, Patricia Linderer, who is the mother of the incompetent Herbert L. Linderer, Jr. 7. The gross value of the Estate of Herbert L. Linderer, Jr. is less than $2,000.00. He has a source of income at the present time by reason of Workmen's Compensation disability benefits which are payable to him at the rate of approximately $95.00 per week for each week of continued disability. - 2 - ~~~~~ ~~:~~ ~~~c~ 3~5 8. The alleged incompetent was not a member of the Armed Services of the United States and is not receiving benefits from the United Htates Veterans Admin- istration. ~. Herbert L. Linderer, Jr. is entizely unable to manage his property or personal affairs in any respect because of the complete loss of his faculties and physical abilities as described above. 10. The proposed guardian of his estate is his father Herbert Linderer, residing at 1914 Kent Drive, Camp Hill, Pennsylvania. ll. The proposed guardian has no interest adverse to the interests of his son, Herbert L. Linderer, Jr. 12. Petitioner respectfully requests the Court, pursuant to Section 5511, et seq, of the Act of ~7uly 1, 1972, 20 Pa.S X5511 that the Court fix a time for hearing in this matter, that the Court excuse the attendance of Herbert L. Linderer, J'r. from the hearing on the basis that he is physically and mentally unable to attend, and that the Court thereafter order and decree the appointment of petitioner as guardian of the Estate of•Herbert L. Linderer, Jr. as an incompetent. McNEES, WALLACE & NURTCK By ~ QC~/ ~C~ . I~(!.f( Davs,d E . Lehman Attorneys for Petitioner ,. B~v~ ~!.`l~t~ s~,.~ ~S~sL .d COMMONWEALTH O1'' PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) HERBERT L. LINDERER, being duly sworn according to law, deposes and says that he is the petitioner named in the foregoing >'etition, and that the facts set forth therein are true and correct to the best of his knowledge, information and belief. - ~ _ HERBERT L. L NDERER Sworn to and subscribed ~,~~'"""; before me this 27th day of ,,.~`,, ali t~ ('.,~iugust , 1976 . ~. ;: "~ G7 q :'" -IAARIE IOHN -Notary hib1K • "~ -` ~• ~CommigiM I April ~~ ..:~. r~ 'J r.. 2i. 19l0 ft: ^,'•. (7 `~,•js~:,.y, p) prupAin Caw~tll .,. } ~ (1St III ~~"',"COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) PATRTCIA LINDERER, being duly sworn according to law, deposes and says that she is the spouse of Herbert Linderer, petitioner in the above matter and mother of Herbert L. Linderer, Jr., the alleged incompetent and avers that she joins in the prayer of the Petition and consents to the appointment of Petitioner Herbert Linderer as guardian of the Estate of Herbert L. Linderer, Jr. ~G~,D,1 ccJ Cic7~C/(~GIJ PATRTCIA LIND RER Sworn to and subscribed ~,~.,,,,,,}~efore me this 27th, day of -'~It ~~ust 1976. ~~~. .l. , •' , *v:' ~ ~, G . 1. !~ J - ~/ '0.l ~ 1_ ~4 ,t f~•s,,.'~~ '.I~ ~ t~ '/~~rr~nn.,,... lR1E JOHNSOt~Aotary Public mmiuion btyiru AprilY.2~1,N19rBYD~ PA JIMR~n ~! IM H3 e a I!1 T~! COt~tT QP' C ~k~iOH 1-L~718 OB' = C COVHS'Y, YlD1UlRZl'S,V1tNt11 '~~RT L: LZU17dRMt,JR. a CST ~exVIBIQM' e 1t0. 488 t71t$i1DfS' l9?~ e a C Z2111"3dli /fi CCI~li1~D, you .that layi;eq s~tlde a-11 business and eaxawii• i+he~tsc3ever, I+'~ be an'd appeae~ in yowr pero~er person befaa~ • 'the Honorable Judges o~ the Coera~r~ I-leaa Court,. Oorphe~ns' court division at a session o! the said Court the~ee t~ be held, leear thee~ County of Ouend to show aaus~ why Herbert L. Lindera~r,Je:., should be ad~udiceted an iaaom~etent snd Petitioner appoinee~d see 'guaecdia>7 for hies. 'Tter incoaQetkent Herbert L. Linderer,Jr., is e»u~n~re~~ iroeee att~pdance at the heerin9r ~: , _, ~. ~edi~rarl teatiegHy' shs~,l be presented at flee h+r+~'is~q eareaeuretiimq the mental. and ph~r^sia~~ondition of the alleged ieonc~l~et~~et. - a. Nitness eay hand and off3.e£a~L seal of d~~ice,'et Cariirle penedaylvania this 3rd day of ~eptes~er, 19?6. Clerk of tM•phans' Coue:t Division C uaeberlsnd CCCeuntY ~ ~~ ~~ Ceeealisle,penna. My Coasaiaeion H7apie:ea lat. Mon. Jan. 1978. ,.: t ~. a, IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HERBERT L. LINDERER, JR. ORPHANS' COURT DIVISION NO. 488 ORPHANS' 1976 AFFIDAVIT OF SERVICE WILLIAM R. MARIETTA, being duly sworn according to law, deposes and says that he is an employee of the law firm of McNees, Wallace & Nurick, serving in the capacity of investigator= that he served a copy of the Citation issued in the above-captioned matter on September 3, 1976 upon Herbert L. Linderer, Sr. and Patricia Linderer, his wife, by handing a copy of the Citation to them at their residence, 1914 Kent Drive, Camp Hill, Pennsylvania. A copy of the Citation was not served ugon the alleged incompetent, Herbert L. Linderer, Jr., inasmuch as, to the knowledge and information of the affiant, the said Herbert L. Linderer, J'r. is in such physical condition as to be unable to hear, receive or understand the petition or the contents thereof. Sworn to and subscribed before me this ~ day of September, 1976. / No ary JAMIE L'. HOSTETTER, Notary Dublic A1y Cnm niasion Ez Aires June 30, 148G _ Harrisl±;.pr3, f~A Dauphin Cc>anfy IN RE: HERBERT L. LINDERER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JR. ORPHANS' COURT DIVISION NO. 4~8 ORPH?iNS' 1976 ORDER AND NOW, this 14th day of September, 1976 at o'clock P.M., upon consideration of the Petition. to Adjudicate Incompetence filed in this matter and after hearing held, it is ORDERED and ADJUDICATED: 1. That the attendance of Herbert L. Linderer, Jr. at the hearing is excused, the Court being satisfied upon presentation of competent medical testimony that he is unable to attend or comprehend the proceedings; 2. That Herbert L. Linderer, Jr., by reason of the injuries received in an accident on June 23, 1976., is mentally and physically unable to care for himself or manage his property, is adjudged an incompetent; 3. That Herbert L. Linderer, Sr., father of the Incompetent, is appointed Guardian of the person and the Estate of Herbert L. Linderer, Jr. and, in view of the modest assets of the Incompetent and the circumstances of the ease, the Guardian is excused fr~/~p-o~st'ng ~ d. ~ ~ C~~ ' o+.ol.+k. i~'+- ~ W f~ P.J. °~!°~.t ~ S~ti ~~~c ~.~~ '~~~~ 3~y IN RE: HERBERT L. LINDERER, JR., : incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 76-488 CERTIFICATE OF SERVICE I, Jaime L. High, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Citation issued February 15, 2011 concerning the Petition for Review Hearing was served this date upon the below-referenced individual at the below listed address byway of first class mail, postage pre-paid: Herbert L. Linderer, Sr. 1914 Kent Drive Camp Hill, PA 17011 Dated: ~ ~~/ `/ COYNE & COYNE, P.C. ~~ ~ BY: ~ / e L. High, uire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 91506 Petitioner n ~~ -~-, _~~~ r-- :z v3 ~ N C7 ~ O~~7~ =~' ~ -I N b J"' C~^ t.;?%~ ~~; _~n -; r;- ...i -=-'':: ~.....-~ p.,, _. --ie E"7 ~~ T ~~ S IN RE: IN THE COURT OF COMMON PLEAS OF HERBERT L. LINDERER, JR., CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person ORPHANS COURT DIVISION NO. 76-488 CITATION AND NOW this ~~y of February, 2011, pursuant to Petitioners' Petition for Review Hearing to Appoint Substitute Co-Guardians Pursuant to 20 Pa.C.S.A. § 5512.2, a hearing is scheduled for the °~~# day of ~~~'ZQ2t/~- 2011 at 3 ~-OCR o'clock ~.m. in Courtroom No. 5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: J. Cf: Jaime L. High, Esq. For Petitioners Herbert L. Linderer, Sr. Respondent n ~~ o, ~ ~~n ~~ ~ O~~ 'r~ "~ D .:.~ -~-~ rT~ w cn ~~ ~~ c~ <-`-; =o ;-; r--` rF7 _A' 1,~7 ~-~ ;_.'1 _~..~ ..~ -" "!"} - ~7 ~- rn ~~ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: HERBERT L. LINDERER JR CUMBERLAND COUNTY PENNSYLVANIA NO. 76-488 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 02/15/11 JUDGE'S INITIALS: TIME STAMP DATE: IN RE: CITATION SERVICE TO: COYNE & COYNE HERBERT LINDERER SR METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 02/15/11 SERVICE TO: ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT IN RE: HERBERT L. LINDERER, JR, incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 76-488 FINAL DECREE AND NOW, ~_ day of March, 2011, upon consideration of the Petition for Review Hearing to Substitute Guardian Pursuant to 20 Pa.C.S.A. § 5512.2 and after hearing held, it is hereby ORDERED and DECREED that Herbert L. Linderer, Sr. is removed as guardian for Herbert L. Linderer, Jr., an incapacitated person. Judith A. McNeill and JoEllen Giacomini are hereby appointed as substitute co-guardians for Herbert L. Linderer, Jr. Herbert L. Linderer, Sr., the former guardian, is hereby directed to file a final account of her administration of the guardianship within 30 days from the date of this order. By the Court: Cf: Jaime L. High, Esq. For Petitioners Herbert L. Linderer, Sr. Respondent ~ J. ~ w rn n .Z~7 ~ ~ CJ7 p /'' ~ ~, JV ~ ~ w $ -- m W~~ ~%i `_~ r ~ „-, ~r~~:._. ~_..._~ '..l --~ `" ~, In Re: HERBERT L LINDERER JR ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 76-0488 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 03/25/11 JUDGE'S INITIALS: TIME STAMP DATE: 03/25/11 IN ~: FINAL DECREE SERVICE TO: JAIME HIGH HERBERT LINDERER SR METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 03/28/11 SERVICE TO: ^ PETITIONER ^ JUDGE ® CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ' eputy Clerk of Orph s ourt 2184 Seven Lakes South West End, NC 27376 April 26, 2011 Clerk of the Orphan's Court Cumberland County Courthouse One Courthouse Square Room 102 Carlisle, PA 17013 ~ _~ ~a q ~ T^ ~y ` J Re: Herbert L. Linderer, Jr. ~ z ' ~ ~' Inca acitated rson 6 z ~ Docket No. 7 488 ~ "1 To Whom It May Concern: rti~ 1 .~ `'~ r f° S'1 l' Under cover of this letter, please find the Annual Report of the Guardian of the Estate and the Annual Report of the Guardian of the Person for my brother referenced above. Z-, ~~ ~~< r- j -- ,'_, ,, ,r, L.7 ©) On March 25, 2011, my sister, Jo Ellen Giacomini, and I were appointed co- guardians to replace my father who has been Herb's guardian since 1976. My father's age and increasing senile dementia have made it impossible for him to continue. 1 am filing these reports on my father's behalf and with his Power of Attorney based on the information I have available to me at the present. My father is unable to provide me with any information at this time because of his senile dementia. Manor Care in Camp Hill is providing my brother's care. This expense is being paid by Workmen's Compensation directly. I know expenditures have been made from his funds for dental visits, hair cuts, clothing, camp, spending money and other incidentals. My father also maintains a van with a wheelchair lift to transport Herb and I am sure there are some expenses there. Many of the questions are unanswered as I have no records and have been unable to find any other information. I respectfully hope that you will accept this information as the best I can do under the circumstances. If you need further clarification, I would be more than happy to help as best as I can. Sincerely, /I f ~Gt-~ udith A. McNeill ^' ! ANNUAL REPORT OF `'~' f f~f~,Y -9 PPS !2~ G~+ GUARDIAN OF THE PERSON CLARK OF C~r~~~~~~~ rou~T COURT OF COMMON PLEAS OF ~umgE,eLp Np COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of ~628E~2-T L. ~IN OEi2C~ ~,e an Incapacitated Person I. INTRODUCTION c~ UD 17N ~ • M ~~ e= t w was appointed ~y [Plenary OLimited Guardian of the Person by Decree of ~tU ~ MAS+.A n t7 . J,, dated A'1 A~2CN ZS, 2a 1 ~ Q A. This is the Annual Report for the period from to (the "Report Period"); or ~ B. This is the Final Report for the period from to (the "Report Period"), and is filed for the following reason: 1. The death of the Incapacitated Person. Date of death: te~a~~ 2. The Guardianship was. by the Court by Decree of JwoG~ Mps~ANn For a Final Report, oneit Sections II through I [! Farm G-03 rev. 10.13.06 J., dated M A2cH 2 S 20 t t Page 1 of 4 Estate of ~~8b27 ~. ~`!N OC~2~ ~ie~ an Incapacitated Person II. PERSONAL DATA Age of the Incapacitated Person: ~"T III. LIVING ARRANGEMENTS A. Current address of the Incapacitated Person: /bJpl.(o~ ('~1 ~ /d. G esl NG- N6M E llva M~zx~r ~~. CAmP N~c.~~ P~ I7uli B. The Incapacitated Person's residence is: ^ own home /apartment nursing home Q boarding home /personal care home Date of Birth: ~ 04 l9~7 Q Guardian's home /apartment Q hospital or medical facility Q relative's home (name, relationship and address) Qother: C. The Incapacitated Person has been in the present residence since ~Q 7 . If the Incapacitated Person has moved within We past year, state prior residence and reason(s) for move: Form G-03 rev. 10.13. oa Page 2 of 4 ~.. Estate of _ NEIe-8E+2T ~ ~-r M ~ ~'e~'e~ ~2. an Incapacitated Person D. Name and address of the Incapacitated Person's primary caregiver: M~~ya2.. cA~ /Vu,es, ~~ Na,r-E loo M~~~ S- C'~lmo Nr« ~ ~A /~o ~~ IV. MEDICAL INFORMATION A. 1'he major medical or mental problems of the Incapacitated Person are as follows: ~^I62f3 Wfl 5 E~~Tr2c~ectTE-,o /+V l R7 y' A NU lur~5 /~J 19 Co~'+1 A f-p,e ~j ~')-o,urHS. NE 15 ~vN~t-C1aA„2 ~bGcN /~ ~-oQr~y Aar.. -ro Pr~~sic~u_y /-t~e~,2.~ s mA~~ TAS,CS . NE AGao l,~As sane ir,Ertrr9L O/sA,e/c.irr~s ~tio /s B. Specify what, if any, social, medical, psychological and support services the Incapacitated Person is receiving: /~ Isle /'P~e~~es C~*p/~fc ~.e Qf /1~h-oy' ~ ine~~.'nr rnus.~ ~h-Er~~ Cu- r rGw~~y . V. GUARDIAN'S OPINION A. It is the opinion of the Guardian of the Person that the guardianship should: ~ontinue ~ he modified 0 be terminated Form G-03 rev. 10.13.06 Page 3 of 4 . ~ ~ Estate of /\F+Lr-7e.E~1~7 ~. ~/N t~E~ ~ an Incapacitated Person The reasons for the foregoing opinion are: B. During the past year, the Guardian of the Person has visited the Incapacitated Person ~~-timeJs with the average visit lasting hours, minutes. .Z/'~5~~~ Gu/--of-.sT~ 6w1~ d:si~ Se~~ f%~n 4 y°R,r /~ ~3ls~r' /-cJ~iv hwS ~een et~~,%.t~a eo ~aa~d%~ h i-S ~'/sa emu{-o~-'s/~.c~ 6~c7` o%ser Vi3'i{~ v~w.-~ The report o asocial service organization employed by the Guardian to oversee and coordinate the care of the Incapacitated Person for the period covered by this Report may be attached to supplement this Report. u e,.t,f ~y /Yjr~ ~ ~e~- ~//t o ~s ~e~s-t ~~cw-~.~.~ up u.~t~ ~ 3~~~t s~;~l Ul~i~s ~s he is a6/~. I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this Verification is subject to the penalties of 18 Pa. C.S.A. § 4904 relative to unsworn falsification to authorities. ~l~a~~ao i~ ~~~~~ ~+~_ S' a~e oJGuofddimi ojthe Person ~V.t~ITbl ~. /~el~JEitL Nome of CiLardian of the Person (type orprurtJ ~/€~ off, /~,~es ~~ Address esf ~d NC z~376 atty. st~t~ Z~ 9ia - ~ 7~ -io76 ~ti ) Telephone Div-~~3-~z~~ ~w~ Form G03 rev. IO.I3.06 Page 4 of 4 . ~•. t ~ f ~, 4:: ,'f i If ~~_ ~~ fi 1;~C ~i',1~~ ... ~, i;.. ;_~J ANNUAL REPORT OF GUARDIAN OF THE ESTAT~ CLE~i< ;fir PFar,l'J'e ~'~( !Rr C(Jh~~cc~t'~JdD Ct'?, PA COURT OF COMMON PLEAS OF Cu-ma~>9 N4 COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of P~-BC--a~T ~• ~ 1 -~- K~~2 ~- , an Incapacitated Person No. ?to-y88 I. INTRODUCTION nn A I J k 0 t T~ 1~ ~ M e N Et t._t_ .was appointed denary ~ Limited Guardian of the Estate by Decree of M l4 S LA N l7 _ J,~ dated 3 ~~ ~ l r ~ A. This is the Annual Report for the period from to (the "Report Period'; or ~ B. This is the Final Report for the period from to (the "Report Period', and is filed for the following reason: 1. The death of the Incapacitated Person. Date of death: Name of Personal Representative: 2. The Guardianship was ternunated by the Court by Decree of J., dated i s is ~ /'?~o-r'~' o~' CwrrPv~1" bk- ~c~ vt-c e_S ~-S o ~ 1 J_ I m. SIS~C~ ~o£~~er, l~.eornini ~'~4' r~,Q~,r C ~ Z ~ ~ ZU t I C~ts~-~ 2 W 1~ ~ n ~( 1 - ~ w erg Q p(~o ~ ~ Leo( e-o ~ ka ra(~ a h s ~ n P~ae1e o-~ n~.~ ~~~P er,. Form G-01 rev. /0.!3.06 ~SL° e ~ ` L ~ C" -`~ (~~~ Page 1 of 5 Estate of II. SUMMARY A. State the value of the estate reported on the Inventory B. State the value(s) of principal assets at the beginning of the Report Period. (Same as Inventory if first Report, otherwise, ending balance from last Report.) C. What is the total amount of income earned during the Report Period? D. What is the total amount of income and principal spent for all purposes during the Report Period? An Incapacitated Person $ 3o,sJb.~s` E. What are the balances remaining at the end of the Report Period? 1. Principal $ 2. Income $ 3. Total of Principal and Income $ 0.00 QI. ADDITIONAL INFORMATION (If more space is needed, please attach additional pages.) A. Principai 1. How is the principal balance listed above currently invested? (Please specify, e.g., real estate, certificates of deposit, restricted bank accounts, etc.): 2~ {~ Ghe ~~ --. G.eeo +.~, r,~b lyv i ~- ~ .baLa vr- e e a~ ' 1 ~F~ 23 4. ~ to 3 ~ `jo i n ~ Gt~eU-ra,~Tr' , n `~ ~ C~ v-, a u- n ~ oT ;~5, 6d'8. ~f 8 2. Have there been any expenditures from the principal during the Report Period? ............................ ~ Yes ~ No If yes: a. Have all expenditures from the principal been for the sole benefit of the Incapacitated Person? ........ ^ Yes ^ No Fo.m c-oz .~. lo.fao6 Page 2 of 5 Estate of b. List purpose and amount of expenditures: An Incapacitated Person c. Was Court approval received prior to expending the principal? ....................... ^ Yes ^ No 3. Were additional principal assets received during the Report Period which were not included in the Inventory or a prior Report filed for the Estate? ........... ~ Yes ~ No If yes: a. Was Court approval requested prior to receiving the additional principal? ................ ^ Yes ^ No b. State the sources and amounts of the additional principal received: B. Income 1. State sources and amounts of income received during the Report Period (e.g., Social Security, pension, rents, etc.): Total income received during Report Period: $ o.oo Form G-02 rev. 10.13.06 Page 3 of 5 Estate of 2. How is income currently invested? (Please specify, e.g., restricted bank accounts, client care account, etc.): An Incapacitated Person C. Expenses for Care and Maintenance Specify what expenditures were made from the principal and income for the care and maintenance of the Incapacitated Person (e.g., clothing, nursing home, medicine, support, etc.): D. Other Expenditures Specify what other expenditures were made during the Report Period. (Do not include any items stated in response to question C above.) E. Guardian's Commissions List amounts of compensation paid as Guardian's commission and state how amount was determined: Amount Method of Determination Court Approval Obtained Yes ~No Yes ~No Form c-oz rev. !0.13.06 Page 4 of 5 ~. , . . Estate of F. Counsel Fee Amount List amounts paid as counsel fee, and indicate whether Court approval was obtained. ~ Yes ~ No An Incapacitated Person Court Approval Obtained ~ Yes Q No I verify that the foregoing information is correct to the best of my loaowledge, information and belief; and that this Verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn falsification to authorities. Dat~- hve ajGuardimt ojthe Estate ~J~~~ ~. l~eti~,ll N/~a~jm~e opj(~7u1ardian ocjllie Estate (type(orprinf t) Address ~~-~ ~ . uc ~~37~ pity. S~t~ Z~ \ 9/O-lo73 - ~f ~zy ~ ~c.J ) Telephw~e Form G-02 rev. 10.13.06 Page 5 of 5