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HomeMy WebLinkAbout99-0830,~ `~ ., L ~ R Date of Incapacity: Date of Death: Date of Guardian's Appointment No. 21-99-830 ORPHANS' COURT FIRST AND FINAL ACCOUNT OF RICHARD B. ARBOUR GUARDIAN OF THE ESTATE OF WILLIAM A. GAVENAS, a/k/a/ WILLIAM A. GAVENAS, JR. AN INCAPACITATED PERSON Purpose of Account: Incapacitated Person died and remaining funds were withdrawn from bank account by the Administratrix of his Estate ESTATE IF WILLIAM A, GAVENAS, IN THE COURT OF COMMON PLEAS a/k/a WILLIAM A. GAVENAS, JR., :CUMBERLAND COUNTY, PENNSYLVANIA AN INCAPACITATED PERSON October 12, 1999 November 30, 2005 October 12, 1999 It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: FRIEDMAN & HOCH, P.C. ~~ t ~ ~.~ r -, ~ _ ~_'_` .-. . . f t 'l C_~ i . f -' 4~,f CJ:. ~~ ,'~ t.:~:: t..,.~ ;._'~ Q.=~r t' '-.i r_,... r . ~~ ~. f.._ T ~ _.) c> > ~-; '. ~.-. - r, ~=-~ C;~.= `_~ ~: , .~ t : ~,.- C1 ~; `~ a c::~ ==; ~~~~~1~ Charles E. Friedman, Esquire Supreme Court I.D. No. 7175 300 North Second Street Harrisburg, PA 17101-1303 (717-232-9925) Attorney for Accountant SUPPLEMENTAL FIRST AND FINAL ACCOUNT OF RICHARD B. ARBOUR, GUARDIAN OF THE ESTATE OF WILLIAM A. GAVENAS, A/K/A WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON This Account supplements the First and Final Account that follows prepared by Seligman, Friedman & Company, and covers the period from June 1, 2006 to October 6, 2006. Total Cash Remaining per attached Account $2,888.01 Receipts of Income Credit -Preparation of tax return not paid $425.00 PNB Bank -Interest 136.67 561.67 Disbursements and Expenses 05/07/06 -Gravestone $233.50 09/20/06 -Photocopying 255.00 PNC Bank -Service Charges 45.00 X533.50) Balance $2,916.18 The Guardianship Account in PNC Bank was transferred to Mary Lisa Gavenas, Testatrix of the Estate of William A. Gavenas, sometime in October, 2006, without the knowledge or consent of the Guardian. As a result, there has been no money or other assets held by the Guardian since that time and the balance for distribution is zero. t FIRST AND FINAL ACCOUNT OF RICHARD B. ARBOUR, GUARDIAN OF THE ESTATE OF WILLIAM A. GAVENAS, A/K/A WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON Below is a summary of the final accounting with detail schedules attached. Principal: PNC Bank -Cash (1-26-2000) 24,676.37 Investments -Prudential Securities (1-1-2000) 56,080.31 Net Loss from Securities (1-1-2000 through 12-31-2002) (9,480.69) Total Principal Income: Total Income (1-1-2000 through 5-31-2006) Disbursements: Total Disbursements (1-1-2000 through 5-31-2006) Receivables: Total Receivables at May 31, 2006 Payables: Total Payables at May 31, 2006 Total Cash Remaining 71,275.99 400, 877.07 (468,140.05) 3,000.00 (4,125.00) 2,888.01 1_ t FIRST AND FINAL ACCOUNT OF RICHARD B. ARBOUR, GUARDIAN OF THE ESTATE OF WILLIAM A. GAVENAS, A/K/A WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON PRINCIPAL Receipts of Principal: PNC Bank (1-26-2000) Prudential Securities (1-1-2000) Capital Gains from Prudential Securities Net Loss from Sales of Securities Principal Balance on Hand INCOME Receipts of Income: Year 2000 Social Security Bell Atlantic -Pension Interest Income -PNC Bank Dividend and Interest Income -Prudential Securities Liquidation of Q-West Stock Mary Gavenas Estate Federal Income Tax Refund Total Income 2000 Year 2001 Social Security Bell Atlantic / Verizon -Pension Interest Income -PNC Bank Dividend and Interest Income -Prudential Securities Liquidation of Q-West Stock Federal Income Tax Refund Family Exemption PA American Water Refund Total Income 2001 Page 24,676.37 56,080.31 5,457.42 (14,938.11) 14,419.85 32,202.49 71.53 1,408.69 23.62 300.00 5,372.00 14,649.00 18,481.83 6.46 933.22 26.31 6,551.48 3,500.00 16.09 1, 2 1, 2 3 3 71,275.99 53, 798.18 4 44,164.39 5 ~r Year 2002 Social Security Verizon -Pension Interest Income -PNC Bank Dividend and Interest Income -Prudential Securities Federal Income Tax Refund VA Insurance -Interest Refund Check Total Income 2002 Year 2003 Social Security Verizon -Pension Interest Income -PNC Bank Federal Income Tax Refund VA Insurance -Interest Mary Gavenas Trust Proceeds Total Income 2003 Year 2004 Social Security Verizon -Pension Interest Income -PNC Bank Federal Income Tax Refund VA Insurance -Interest Benefit Checks Mary Gavenas Trust Proceeds Total Income 2004 Year 2005 Social Security Verizon -Pension Interest Income -PNC Bank Federal Income Tax Refund VA Insurance -Interest Benefit Checks Mary Gavenas Trust Proceeds Total Income 2005 Year 2006 Interest Income -PNC Bank Mary Gavenas Trust Proceeds Total Income 2006 Total Principal and Income 14, 964.00 18,485.28 13.41 267.06 3,000.00 463.14 14.50 37,207.39 6 15,120.00 18,646.40 10.04 3,000.00 446.89 39,783.49 77, 006.82 7 15, 360.00 20,208.72 10.09 3,000.00 423.95 17.37 42,776.79 81, 796.92 8 15,660.00 20,208.72 14.45 3,000.00 366.94 39.92 54,913.49 94,203.52 9 5.56 12,694.29 12,699.85 70 472,153.06 DISBURSEMENTS AND EXPENSES Year 2000 Nursing Home Legal and Professional Services Surety Bond -Guardian Medical Supplies/Expenses Bank Service Charges Guardian Fees and Expense Reimbursements Personal Expenses Total Disbursements and Expenses 2000 Year 2001 Nursing Home Legal and Professional Services Surety Bond -Guardian Medical Supplies/Expenses Bank Service Charges Guardian Fees and Expense Reimbursements Personal Expenses Reimbursement -Estate of Mary Gavenas Total Disbursements and Expenses 2001 Year 2002 Nursing Home Legal and Professional Services Surety Bond -Guardian Medical Supplies/Expenses Bank Service Charges Guardian Fees and Expense Reimbursements Personal Expenses Medical Transportation Total Disbursements and Expenses 2002 Year 2003 Nursing Home Legal and Professional Services Surety Bond -Guardian Medical Supplies/Expenses Bank Service Charges Guardian Fees and Expense Reimbursements Personal Expenses Medical Transportation 62,610.31 250.00 100.00 32.06 15.00 1,523.27 226.50 64,757.14 77 62,863.94 196.52 150.00 13.09 30.00 1,730.92 156.00 972.00 66,112.47 72 68, 983.34 2,405.00 150.00 90.12 40.00 2,203.29 76.50 111.60 74,059.85 73 66,279.28 1,263.75 250.00 29.23 45.00 3,055.30 156.00 614.00 Total Disbursements and Expenses 2003 71,692.56 74 Year 2004 Nursing Home Legal and Professional Services Surety Bond -Guardian Medical Supplies/Expenses Bank Service Charges Guardian Fees and Expense Reimbursements Personal Expenses Total Disbursements and Expenses 2004 Year 2005 Nursing Home Legal and Professional Services Surety Bond -Guardian Medical Supplies/Expenses Bank Service Charges Guardian Fees and Expense Reimbursements Personal Expenses Medical Transportation Total Disbursements and Expenses 2005 Year 2006 Nursing Home Legal and Professional Services Medical Supplies/Expenses Bank Service Charges Guardian Fees and Expense Reimbursements Return of Social Security Payment Memorial and Burial Total Disbursements and Expenses 2006 Total Disbursements and Expenses Total Cash on Hand May 31, 2006 Receivables: Refund from Final Federal Tax Return - 2005 Payables: Preparation of Final Tax Returns - 2005 Preparation of First and Final Accounting - Gavenas Guardianship (January 2000 through May 2006) Adjusted Cash on Hand 76,192.16 1,515.00 250.00 41.71 40.00 3,846.72 406.00 82,291.59 84, 703.77 375.00 250.00 478.09 61.00 5,804.58 186.95 529.25 75 92,388.64 76 13,641.65 240.00 17.15 15.00 969.00 1, 305.00 650.00 16,837.80 77 468,140.05 4,013.01 3,000.00 (425.00) (3,700.00) 2,888.01 RECEIPTS OF PRINCIPAL Sales of Securities: 4/28/2000 Investment Co. of America Realized Gain 2/21/2001 Investment Co. of America Realized Loss 2/26/2001 Euro Pacific Growth Realized Loss 6/20/2001 Investment Co. of America Realized Loss 10/3/2001 Investment Co. of America Realized Loss 12/6/2001 Investment Co. of America Realized Loss 4/1/2002 Investment Co. of America Realized Loss 4/1/2002 Euro Pacific Growth Realized Loss 7/2/2002 Investment Co. of America Realized Loss 7/2/2002 Euro Pacific Growth Realized Loss 9/19/2002 Investment Co. of America Realized Loss 11/29/2002 Euro Pacific Growth Realized Loss 11/29/2002 Investment Co. of America Realized Loss Net Loss from Sales of Securities Capital Gains from Securities: 12/31/2000 Euro Pacific Growth 12/31/2000 Investment Co. of America 3/6/2001 Investment Co. of America 12/19/2001 Investment Co. of America 12/31 /2002 Investment Co. of America Total Capital Gains Capital Gain Distribution Capital Gain Distribution Capital Gain Distribution Capital Gain Distribution Capital Gain Distribution 33.00 (266.00) (1,075.00) (586.00) (1,626.00) (772.00) (1,127.43) (1,977.18) (1,404.45) (858.76) (3,333.37) (1,440.62) (504.30) (14, 938.11) 948.31 3,657.75 417.07 329.10 105.19 5,457.42 3 Receipts of Income - 2000 Date Received 02/03/00 02/03/00 02/01 /00 03/03/00 03/03/00 03/07/00 04/03/00 04/10/00 04/14/00 05/04/00 05/04/00 05/04/00 06/07/00 07/05/00 07/05/00 07/05/00 07/05/00 07/07/00 07/28/00 07/28/00 07/28/00 07/28/00 08/07/00 08/11 /00 08/11 /00 08/24/00 09/07/00 10/02/00 10/02/00 10/02/00 10/02/00 10/06/00 10/24/00 11 /07/00 11 /13/00 11 /13/00 12/22/00 12/22/00 Source Amount Bell Atlantic -pension 1,536.88 Social Security 1 178.00 Interest income 9.85 Social Security 1,178.00 Bell Atlantic -pension 1,540.48 Interest income 14.73 Bell Atlantic -pension 1,536.88 Interest income 4.75 Social Security 1,178.00 Bell Atlantic -pension 1,536.88 Social Security 1 178.00 Interest income 2 93 Interest income 4.60 Social Security 1 178.00 ~ Social Security 1 178.00 Bell Atlantic -pension 1 536.88 Bell Atlantic -pension 1 536.88 Interest income 0.18 Bell Atlantic -lump-sum pension settlement 15,160.00 Social Security 483.85 Mary Gavenas Estate 300.00 Liquidation of Q-west, Inc. stock 23.62 Interest income 4.41 Social Security 1 178.00 Bell Atlantic -pension 1 536.89 Social Security 978.00 Interest income 9 92 Bell Atlantic -pension 1 536.88 ~ Social Security 1 178.00 Bell Atlantic -pension 1 536.88 Federal Income Tax -refund 5,372.00 Interest income 7 71 Social Security 1 178.00 Interest income 12.45 Social Security 1 178.00 Bell Atlantic -pension 1 603.48 Social Security 1 178.00 Bell Atlantic -pension 1,603.48 Dividends and Interest -Prudential Securities 1,408.69 Total Receipts 2000 S53,798.18 4 Receipts of Income - 2001 Date Received Source 01 /10/01 Bell Atlantic -pension 01/10/01 Social Security 02/20/01 Social Security 02/20/01 Bell Atlantic -pension 03/14/01 Social Security 03/14/01 Family Exemption 03/14/01 Bell Atlantic -pension 03/14/01 Liquidation of Q-west, Inc. stock 04/06/01 Interest income 05/02/01 Social Security 05/02/01 Bell Atlantic -pension 05/02/01 Bell Atlantic -pension 05/04/01 Social Security 05/04/01 Interest income 05/31/01 PA American Water Co. -refund 06/05/01 Social Security 06/05/01 Bell Atlantic -pension 07/05/01 Bell Atlantic -pension 07/05/01 Social Security 07/09/01 U. S. Treasury -refund/adjustment 07/09/01 Interest income 07/31/01 Federal Income Tax - 2000 refund 07/31/01 Social Security -COLA 07/31/01 Bell Atlantic -pension 08/01/01 Social Security 09/05/01 Bell Atlantic -pension 09/05/01 Social Security 09/05/01 Federal Income Tax - 2001 credit refund 09/07/01 Interest income 10/10/01 Verizon -pension 10/10/01 Social Security 11 /05/01 Verizon -pension 11 /05/01 Social Security 12/04/01 Social Security 12/04/01 Verizon -pension Dividends and Interest -Prudential Securities Total Receipts 2001 Amount 1,536.88 1,216.00 1,225.00 1, 540.45 1,216.00 3,500.00 1, 540.45 26.31 1.22 1,216.00 1, 540.45 1, 540.45 1,216.00 0.23 16.09 1,216.00 1,540.45 1,540.45 1,216.00 460.48 1.57 5,791.00 38.00 1, 540.45 1,218.00 1, 540.45 1,218.00 300.00 3.44 1, 540.45 1,218.00 1, 540.45 1,218.00 1,218.00 1, 540.45 933.22 $44,164.39 5 Receipts of Income - 2002 Date Received Source Amount 01/04/02 Social Security 1 247.00 01/04/02 Verizon -Pension 1,540.44 02/06/02 PNC Bank -Interest 0.96 02/07/02 Social Security 1 247.00 02/07/02 Verizon -Pension 1,540.44 03/07/02 PNC Bank -Interest 0 99 03/07/02 Social Security 1 247.00 03/07/02 Verizon -Pension 1,540.44 04/03/02 Verizon -Pension 1,540.44 04/05/02 PNC Bank -Interest 0 72 04/08/02 Social Security 1 247.00 04/08/02 U.S. Treasury -Tax Refund 3,000.00 05/02/02 Verizon -Pension 1, 540.44 05/07/02 PNC Bank -Interest 3.10 05/29/02 Social Security 1,247.00 06/06/02 PNC Bank -Interest 0.86 06/17/02 Social Security 1,247.00 06/17/02 Verizon -Pension 1, 540.44 07/02/02 Verizon -Pension 1,540.44 07/08/02 PNC Bank -Interest 1.55 07/09/02 Social Security 1,247.00 07/09/02 Veterans Administration Insurance 463.14 08/07/02 PNC Bank -Interest 1.80 08/07/02 Refund check 14.50 08/07/02 Social Security 1,247.00 08/07/02 Verizon -Pension 1,540.44 09/06/02 Social Security 1,247.00 09/06/02 Verizon -Pension 1,540.44 09/06/02 PNC Bank -Interest 0.50 09/30/02 Verizon -Pension 1 540.44 10/04/02 Social Security , 1,247.00 10/07/02 PNC Bank -Interest 1 19 11/01/02 Social Security . 1,247,00 11/01/02 Verizon -Pension 1,540,44 11/06/02 PNC Bank -Interest 0 81 12/06/02 PNC Bank -Interest . 0 93 12/09/02 Social Security . 1,247.00 12/09/02 Verizon -Pension 1,540.44 Dividends and Interest -Prudential Securities 267.06 Total Receipts 2002 $37,207.39 6 Receipts of Income - 2003 Date Received ~ Source Amount 01/03/03 Social Security 01/03/03 Verizon -Pension 1,260.00 01/08/03 PNC Bank -Interest 1,540.44 02/07/03 Social Security 2.16 02/07/03 Verizon -Pension 1,260.00 02/06/03 PNC Bank -Interest 1,538.80 03/11/03 Social Security 0.64 03/11 /03 Verizon -Pension 1,260.00 03/18/03 Trust Fund Proceeds 1, 538.80 03/07/03 PNC Bank -Interest 6,487.21 04/03/03 Verizon -Pension 0.63 04/03/03 Trust Fund Proceeds 1, 538.80 04/09/03 Social Security 3,099.46 04/29/03 U.S. Treasury -Tax Refund 1,260.00 04/29/03 Verizon -Pension 3,000.00 04/07/03 PNC Bank -Interest 1,538.80 05/02/03 Social Security 0 84 05/06/03 Trust Fund Proceeds 1,260.00 05/07/03 PNC Bank -interest 3,754.28 06/05/03 Social Security 0.71 06/03/03 Verizon -Pension 1,260.00 06/17/03 Trust Fund Proceeds 1,538.80 06/06/03 PNC Bank -Interest 3,516.28 07/02/03 Verizon -Pension 1.35 07/02/03 Trust Fund Proceeds 1,538.80 07/11/03 Social Security 375.00 07/11/03 Dividend -Life Insurance 1,260.00 07/28/03 Trust Fund Proceeds 446 89 07/08/03 PNC Bank -Interest 3,964.55 08/04/03 Social Security 0.93 08/04/03 Verizon -Pension 1,260.00 08/18/03 Trust Fund Proceeds 1,538.80 08/07/03 PNC Bank -Interest 3,588.26 09/04/03 Verizon -Pension 1.19 09/04/03 Social Security 1, 538.80 09/22/03 Trust Fund Proceeds 1,260.00 09/08/03 PNC Bank -Interest 3,989.51 10/20/03 Social Security 0 49 10/01/03 Verizon -Pension 1,260.00 10/20/03 Trust Fund Proceeds 1,538.80 10/07/03 PNC Bank -Interest 3,621.30 10/31/03 Verizon -Pension 0.30 11/04/03 Social Security 1,538.80 11/19/03 Trust Fund Proceeds - 1,260.00 11/05/03 PNC Bank -Interest 3,442.75 12/05/03 Social Security 0.44 12/05/03 Verizon -Pension 1,260.00 12/29/03 Trust Fund Proceeds 1,717.96 12/05/03 PNC Bank -Interest 3,944.89 0.36 Total Receipts - 2003 $77,006.82 7 Receipts of income - 2004 Date Received Source Amount 01 /06/04 Verizon -Pension 1,684.06 01 /06/04 Social Security 1 280.00 ' 01/07/04 PNC Bank -Interest 0.49 02/02/04 Verizon -Pension 1,684.06 02/04/04 Social Security 1 280.00 ~ 02/05/04 PNC Bank -Interest 0.51 02/09/04 Trust Fund Proceeds 3,194.60 03/04/04 Verizon -Pension 1,684.06 03/04/04 Social Security 1,280.00 03/05/04 PNC Bank -Interest 0.42 03/06/04 Trust Fund Proceeds 3,793.60 03/15/04 Trust Fund Proceeds 4,060.46 04/02/04 Social Security 1,280.00 04/02/04 Verizon -Pension 1,684.06 04/07/04 PNC Bank -Interest 1.04 04/22/04 Trust Fund Proceeds 3,641.98 05/05/04 US Treasury -Tax Refund 3,000.00 05/05/04 Social Security 1,280.00 05/05/04 Verizon -Pension 1,684.06 05/06!04 PNC Bank -Interest 0.46 05/26/04 Trust Fund Proceeds 4,986.07 06/03/04 Verizon -Pension 1,684.06 06/03/04 Social Security 1,280.00 06/08/04 PNC Bank -Interest 1 05 06/23/04 Trust Fund Proceeds . 3 434.50 07/01 /04 Verizon , 10 06 07/01 /04 Benefit Check . 7 31 07/01 /04 Verizon -Pension . 1 684.06 07/03/04 Social Security , 1 280.00 07/08/04 PNC Bank -Interest , 1 14 07/14/04 V.A. Insurance Dividend . 423 95 07/15/04 Trust Fund Proceeds . 3 961.83 08/03/04- Social Security , 1 280.00 08/03/04 Verizon -Pension , 1 684.06 08/06/04 PNC Bank -Interest , 1 05 09/08/04 PNC Bank -Interest . 0 78 09/10/04 Verizon -Pension 1 684.06 09/10J04 Social Security , 1 280.00 09/10/04 Trust Fund Proceeds , 3 988.55 09/21/04 Trust Fund Proceeds , 4 342.17 10/06/04 PNC Bank -Interest , 10/25/04 Social Security 0 99 10/25/04 Verizon -Pension 1,280.00 11/01/04 PNC Bank -Interest 1,684.06 11/05/04 Verizon -Pension 1.09 1 684 06 11/05/04 Social Security , . 1 280.00 11/15/04 Trust Fund Proceeds , 7 373 03 12/04/04 Social Security , . 1 280.00 12/04/04 Verizon -Pension , 1 684 06 12/08/04 PNC Bank -Interest , . 1.07 Total Receipts - 2004 $81,796.92 8 Receipts of Income - 2005 Date Received Source Amount 01 /05/05 Social Security 01 /05/05 Verizon -Pension 1, 305.00 01/06/05 PNC -Interest 1,684.06 02/04/05 PNC -Interest 0..76 02/07/05 Verizon -Pension 1.02 02/07/05 Social Security 1,684.06 02/07/05 Trust Fund Proceeds 1,305.00 03/03/05 Social Security 7,756.70 03/03/05 Verizon -Pension 1,305.00 03/07/05 PNC -Interest 1,684.06 03/25/05 Trust Fund Proceeds 0.57 04/07/05 PNC -Interest 8347 83 04/09/05 Social Security 0 82 04/09/05 Verizon -Pension 1,305.00 05/06/05 PNC -Interest 1,68 ,4.06 05/21/05 Trust Fund Proceeds 2 08 05/21 /05 Social Security 8,663.27 05/21/05 Verizon Benefits 1, 305.00 05/21/05 Verizon -Pension 39 92 06/07/05 PNC -Interest 1,684.06 06/23/05 US Treasury -Tax Refund 1.74 06/23/05 Verizon -Pension 3,000.00 06/23/05 Social Security 1,684.06 07/02/05 Verizon -Pension 1,305.00 07/02/05 Social Security 1,684.06 07/07/05 PNC -Interest 1,305.00 07/28/05 V.A. Insurance Dividend 1 20 07/28/05 Trust Fund Proceeds 366.94 08/05/05 PNC -Interest 8,639.01 09/03/05 Trust Fund Proceeds 2 28 09/03/05 Social Security 4,989.84 09/03/05 Social Security 1,305.00 09/03/05 Verizon -Pension 1,305.00 09/07/05 Verizon -Pension 1,684.06 09/08/05 PNC -Interest 1,684.06 10/03/05 Trust Fund Proceeds 1 87 10/03/05 Social Security 6,232,70 10/03/05 Verizon -Pension 1,305.00 10/06/05 PNC -Interest 1,684.06 10/17/05 Trust Fund Proceeds 0 39 11/04/05 PNC -Interest 5,017.34 11/21/05 Verizon -Pension 0 87 11/21/05 Social Security 1,684.06 11/30/05 Trust Fund Proceeds 1,305.00 12/06/05 PNC -Interest 5,266.80 12/09/05 Verizon -Pension 0.85 12/09/05 Social Security 1,684.06 1,305.00 Total Receipts 2005 $94,203.52 9 Receipts of Income - 2006 Date Received 01 /04/06 01 /07/06 02/06/06 03/07/06 04/06/06 04/18/06 Source Amount Trust Fund Proceeds 6 856.21 PNC -Interest , 1 07 PNC -Interest . PNC -Interest 2 85 PNC -Interest 1.18 Trust Fund Proceeds 0.46 5,838.08 Total Receipts 2006 512,699.85 10 Disbursements and Expenses - 2000 Check Date Number Payee Reason for Payment Amount 01/25/00 101 Claremont Nursing/Rehab Medical care & living expenses 5,444.04 02/17/00 102 Friedman & Hoch, P.C. Legal service 250.00 02/17/00 103 Claremont Nursing/Rehab Medical care & living expenses 5,447.41 03/03/00 104 Richard B. Arbour Guardian fees & expense reimbursement 276.60 03/18/00 107 Claremont Nursing/Rehab Cable 70.50 03/18/00 106 Richard B. Arbour Expense reimbursement 60.09 03/19/00 108 Drew J. Stoken, M.D. Supplies 9.79 04/02/00 109 Claremont Nursing/Rehab Medical care & living expenses 5,083.71 05/13/00 110 Claremont Nursing/Rehab Medical care & living expenses 5,254.36 05/13/00 111 Claremont Nursing/Rehab Medical care & living expenses 5,587.34 05/21/00 112 Richard B. Arbour Guardian fees & expense reimbursement 213.31 07/05/00 113 Omnicare of Pennsylvania Supplies 14.67 07/05/00 114 Claremont Nursing/Rehab Medical care & living expenses 5,025.57 07/07/00 --- PNC Bank Service charge 15.00 08/03/00 115 Claremont Nursing/Rehab Medical care & living expenses 4,638.96 08/19/00 116 Claremont Nursing/Rehab Medical care & living expenses 4,809.76 08/19/00 117 Claremont Nursing/Rehab Expense reimbursement 200.00 08/21/00 118 Richard B. Arbour Guardian fees & expense reimbursement 429.99 10/14/00 119 Francenia Financial Svc. Surety bond for guardian 100.00 10/14/00 120 Claremont Nursing/Rehab Medical care & living expenses 5,169.22 10/14/00 121 The Sentinel Newspapers 156.00 10/14/00 122 Omnicare of Pennsylvania Supplies 7.60 11/12/00 123 Claremont Nursing/Rehab Medical care & living expenses 5,305.56 11/20/00 125 Richard B. Arbour Guardian fees & expense reimbursement 543.28 12/08/00 126 Claremont Nursing/Rehab Medical care & living expenses 5,425.11 12/22/00 127 Claremont Nursing/Rehab Medical care & living expenses 5,219.27 Total Disbursements and Expenses - 2000 $64,757.14 11 • ; Disbursements and Expenses - 2001 Check Date Number Payee Reason for Payment Amount 02/06/01 --- PNC Bank Service charge 15.00 02/20/01 128 Richard B. Arbour Guardian fees & expense reimbursement 317.08 02/20/01 129 Claremont Nursing/Rehab Medical care & living expenses 5,389.95 03/17/01 130 Friedman & Hoch, P.C. Expense reimbursement 21.52 03/17/01 131 Claremont Nursing/Rehab Medical care & living expenses 6,103.71 03/17/01 132 Claremont Nursing/Rehab Medical care & living expenses 5,421.98 03/28/01 133 Estate of Mary Gavenas Reimbursement of PA tax refund 972.00 05/05/01 --- PNC Bank Service charge 15.00 05/25/01 134 Stahen Opthomology Supplies 9.64 05/29/01 135 Perry Blackman, CPA Tax return preparation 175.00 05/29/01 136 Claremont Nursing/Rehab Medical care & living expenses 5,927.53 06/05/01 137 Richard B. Arbour Guardian fees & expense reimbursement 620.51 07/02/01 138 Claremont Nursing/Rehab Supplies 3.45 07/02/01 139 Claremont Nursing/Rehab Medical care & living expenses 5,811.95 08/03/01 140 Claremont Nursing/Rehab Medical care & living expenses 5,617.13 08/09/01 141 Richard B. Arbour Guardian fees & expense reimbursement 310.00 09/05/01 142 Claremont Nursing/Rehab Medical care & living expenses 5,773.08 09/05/01 143 Claremont Nursing/Rehab Medical care & living expenses 5,570.57 09/30/01 144 Claremont Nursing/Rehab Medical care & living expenses 5,811.75 10/11/01 145 Francenia Financial Svc. Surety bond -guardian 150.00 10/11/01 146 The Sentinel Newspapers 156.00 10/11/01 147 Richard B. Arbour Guardian fees & expense reimbursement 243.33 11/01/01 148 Richard B. Arbour Guardian fees & expense reimbursement 240.00 11/01/01 149 Claremont Nursing/Rehab Medical care & living expenses 5,602.56 12/05/01 150 Claremont Nursing/Rehab Medical care & living expenses 5,833.73 Total Disbursements and Expenses - 2001 $66,112.47 12 Disbursements and Expenses - 2002 Check Date Number Payee Reason for Payment Amount 01/03/02 151 Omnicare of PA Supplies 65.66 01/03/02 152 National Geographic Subscription 29.00 01/03/02 153 Claremont Nursing/Rehab Medical Care & Living Expenses 5,604.36 01/04/02 154 Richard B. Arbour Guardian fees & expense reimbursement 243.33 02/12/02 155 Claremont Nursing/Rehab Medical Care & Living Expenses 5,827.87 02/12/02 156 Friedman & Hoch Legal Fees 350.00 02/12/02 157 American Healthcare Apparel 47.50 02/12/02 158 Richard B. Arbour Guardian fees & expense reimbursement 370.00 02/23/02 159 Richard B. Arbour Reimbursement for clothing purchases 39.96 04/08/02 160 Claremont Nursing/Rehab Medical Care & Living Expenses 5,900.01 04/08/02 161 Claremont Nursing/Rehab Medical Care & Living Expenses 5,254.83 04/26/02 162 Claremont Nursing/Rehab Medical Care & Living Expenses 5,775.21 04/26/02 163 Seligman, Friedman & Co Accounting fees & tax preparation 1,775.00 05/02/02 164 Richard B. Arbour Guardian fees & expense reimbursement 310.00 07/03/02 165 Richard B. Arbour Guardian fees & expense reimbursement 320.00 07/09/02 166 Friedman & Hoch Legal Fees 260.00 07/09/02 167 Claremont Nursing/Rehab Medical Care & Living Expenses 5,884.73 07/09/02 168 Omnicare of PA Supplies 9.50 07/09/02 169 Omnicare of PA Supplies 14.96 07/09/02 170 Claremont Nursing/Rehab Medical Care & Living Expenses 5,644.20 07/09/02 Photocopy Charges 25.00 07/09/02 Service Charge 15.00 08/07/02 171 Richard B. Arbour Guardian fees & expense reimbursement 250.00 08/07/02 172 Claremont Nursing/Rehab Medical Care & Living Expenses 5,648.62 09/21/02 173 Francenia Financial Svcs Surety bond for guardian 150.00 09/21/02 174 Friedman & Hoch Legal Fees 20.00 09/21/02 175 Claremont Nursing/Rehab Medical Care & Living Expenses 5,875.13 09/23/02 176 Richard B. Arbour Guardian fees & expense reimbursement 290.00 10/01/02 177 Claremont Nursing/Rehab Medical Care & Living Expenses 2,035.00 10/01/02 178 Claremont Nursing/Rehab Medical Care & Living Expenses 3,959.32 10/01/02 179 Yellow Brooks EMS Transportation 111.60 11/27/02 180 Claremont Nursing/Rehab Medical Care & Living Expenses 5,682.91 11/27/02 181 Claremont Nursing/Rehab Medical Care & Living Expenses 5,891.15 11/28/02 182 Richard B. Arbour Guardian fees & expense reimbursement 380.00 Total Disbursements and Expenses - 2002 $74,059.85 13 Disbursements and Expenses - 2003 Check Date Number Payee Reason for Payment Amount 01/03/03 183 Claremont Nursing/Rehab Medical and Living Expenses 5,635.81 01/03/03 184 Carlisle Imaging Center Photocopies 4.47 02/10/03 185 Richard B. Arbour Guardian Fees & Expense Reimbursement 450.00 02/15/03 186 The Sentinel Newspaper subscription 156.00 03/24/03 187 Claremont Nursing/Rehab Medical and Living Expenses 5,902.15 03/24/03 188 Claremont Nursing/Rehab Medical and Living Expenses 6,185.94 04/03/03 189 Cumberland/Goodwell Fire-Rescue-EMS Ambulance 307.00 04/07/03 190 Richard B. Arbour Guardian Fees & Expense Reimbursement 450.00 04/07/03 191 Richard B. Arbour Guardian Fees & Expense Reimbursement 29.99 05/14/03 192 Claremont Nursing/Rehab Medical and Living Expenses 6,148.08 05/14/03 193 Claremont Nursing/Rehab Medical and Living Expenses 5,591.26 05/14/03 194 Seligman, Friedman Report preparation 405.00 05/15/03 195 Richard B. Arbour Guardian Fees & Expense Reimbursement 420.00 06/17/03 196 Richard B. Arbour Expense Reimbursement-Guardian 23.30 07/16/03 197 Seligman, Friedman Tax return preparation 378.75 07/16/03 198 Claremont Nursing/Rehab Medical and Living Expenses 6,001.08 07/16/03 199 Omnicare PA Supplies 7.00 07/16/03 200 Cumberland/Goodwell Fire-Rescue-EMS Ambulance 307.00 07/16/03 201 Richard B. Arbour Guardian Fees 393.33 07/28/03 202 Friedman & Hoch, PC Legal Services for Guardianship 460.00 07/28/03 203 Omnicare PA Supplies 17.76 07/28/03 204 Claremont Nursing/Rehab Medical and Living Expenses 6,285.59 08/18/03 205 Claremont Nursing/Rehab Medical and Living Expenses 5,999.73 09/02/03 206 Richard B. Arbour Expense Reimbursement-Guardian 32.65 09/05/03 207 Richard B. Arbour Guardian Fees 443.33 09/08/03 PNC Service Charge 15.00 09/19/03 208 Friedman & Hoch, PC Annual Report 20.00 09/19/03 209 Claremont Nursing/Rehab Medical and Living Expenses 6,327.98 09/19/03 210 Richard B. Arbour Guardian Fees 240.00 10/07/03 PNC Service Charge 15.00 10/28/03 211 Claremont Nursing/Rehab Medical and Living Expenses 6,180.10 11/01/03 212 Richard B. Arbour Guardian Fees 219.99 11/19/03 213 Claremont Nursing/Rehab Medical and Living Expenses 6,021.56 12/05/03 PNC Service Charge 15.00 12/09/03 214 Richard B. Arbour Expense Reimbursement-Guardian 12.71 12/09/03 215 Francenia Financial Svcs Surety bond for guardian 250.00 12/09/03 216 Richard B. Arbour Guardian Fees 340.00 Total Disbursements and Expenses - 2003 $71,692.56 14 Disbursements and Expenses - 2004 Check Date Number Payee Reason for Payment Amount 01 /05/04 217 Richard B. Arbour Guardian Fees 346.66 01/05/04 218 Claremont Nursing Medical and Living Expenses 6,320.14 01 /07/04 PNC -Service Charge 15.00 01 /31 /04 219 Richard B. Arbour Expense Reimbursement -Guardian 47.51 02/03/04 220 Richard B. Arbour Guardian Fees 320.00 02/09/04 221 The Sentinel Newspaper Subscription 156.00 02/09/04 222 Claremont Nursing Medical and Living Expenses 6,112.00 03/02/04 223 Richard B. Arbour Expense Reimbursement -Guardian 16.95 03/02/04 224 Richard B. Arbour Guardian Fees 490.00 03/04/04 PNC -Photocopy Fee 10.00 03/05/04 PNC -Service Charge 15.00 03/06/04 225 Claremont Nursing Medical and Living Expenses 6,234.15 04/02/04 226 Richard B. Arbour Expense Reimbursement -Guardian 27.54 04/02/04 227 Richard B. Arbour Expense Reimbursement -Guardian 73.93 04/02/04 228 Richard B. Arbour Guardian Fees 353.33 04/02/04 229 Claremont Nursing Medical and Living Expenses 6,517.57 05/05/04 230 VOID VOID 0.00 05/05/04 231 Seligman, Friedman & Co. Report Preparation 645.00 05/05/04 232 Seligman, Friedman & Co. Tax Return Preparation 425.00 05/05/04 233 Claremont Nursing Medical and Living Expenses 6,151.24 05/05/04 234 Richard B. Arbour Guardian Fees 360.00 06/03/04 235 Claremont Nursing Medical and Living Expenses 6,520.13 06/03/04 236 Richard B. Arbour Guardian Fees 160.00 06/20/05 237 Richard B. Arbour Expense Reimbursement -Guardian 50.85 06/20/05 238 Richard B. Arbour Expense Reimbursement -Guardian 30.26 06/30/04 239 Claremont Nursing Medical and Living Expenses 6,238.56 06/30/04 240 Pinker & Assoc. Fungal Infection 36.55 06/30/04 241 Richard B. Arbour Guardian Fees 330.00 07/30/04 242 Richard B. Arbour Expense Reimbursement -Guardian 59.96 07/30/04 243 Claremont Nursing Medical and Living Expenses 6,478.23 07/30/04 244 Claremont Nursing Cable TV and Other Purchase 250.00 07/30/04 245 Richard B. Arbour Guardian Fees 356.66 08/05/04 246 Clerk of Courts Filing Fee for Report 20.00 09/04/04 247 Friedman & Hoch, P.C. Preparation of Annual Report 425.00 09/04/04 248 Claremont Nursing Medical and Living Expenses 6,285.99 09/04/04 249 Richard B. Arbour Guardian Fees 340.00 10/18/04 250 Claremont Nursing Medical and Living Expenses 6,521.23 11/05/04 Temp#1 Richard B. Arbour Guardian Fees 443.33 11/07/04 Temp#2 Claremont Nursing Medical and Living Expenses 6,574.55 11/07/04 Temp#3 Omnicare of PA Supplies 5.16 11/07/04 Temp#4 Richard B. Arbour Expense Reimbursement -Guardian 39.74 11/09/04 Temp#5 Francenia Fin. Svcs. Surety Bond for Guardian 250.00 12/04/04 251 Claremont Nursing Medical and Living Expenses 6,238.37 Total Disbursements and Expenses - 2004 $82,291.59 15 - , `_ _ _ Disbursements and Expenses - 2005 Check Date Number Payee Reason for Payment Amount 01/02/05 252 Richard Arbour Guardian Fees 600.00 02/07/05 253 The Sentinel Newspaper Subscription 156.00 02/07!05 254 National Geographic Magazine Subscription 19.00 02/07/05 255 Claremont Nursing Medical and Living Expenses 6,311.15 02/07/05 256 Claremont Nursing Medical and Living Expenses 6,488.20 02/07/05 257 Pinker & Assoc. Infection 16.47 02/07/05 258 Claremont Nursing Medical and Living Expenses 6,486.54 02/22/05 PNC Bank NSF Check Charge 31.00 02/28/05 PNC Bank Overdrawn Account Charge 15.00 03/02/05 259 Richard Arbour Guardian Fees 670.00 05/02/05 260 Richard Arbour Guardian Fees 560.00 05/04/05 261 Claremont Nursing Medical and Living Expenses 7,119.41 05/04/05 262 Claremont Nursing Medical and Living Expenses 6,533.74 05/04/05 263 Omnicare of PA Medical Supplies 39.92 05/04/05 264 Seligman, Friedman & Co. Tax Return Preparation 375.00 06/03/05 265 Richard Arbour Guardian Fees 240.00 06/11/05 266 Claremont Nursing Medical and Living Expenses 7,132.73 07/04/05 267 Richard Arbour Guardian Fees 330.00 07/04/05 268 Richard Arbour Expenses -Guardian 45.29 08/08/05 269 Richard Arbour Expenses -Guardian 37.52 08/08/05 270 Richard Arbour Expenses -Guardian 96.22 08/08/05 271 Richard Arbour Expenses -Guardian 21.16 08/08/05 272 Claremont Nursing Medical and Living Expenses 6,882.48 08/08/05 273 Claremont Nursing Medical and Living Expenses 7,119.36 08/08/05 274 Richard Arbour Guardian Fees 720.00 09/04/05 275 Claremont Nursing Medical and Living Expenses 7,028.88 09/04/05 276 Claremont Nursing Medical and Living Expenses 8,591.10 09/04/05 277 Metro Med Services Ambulance Transport 45.00 09/04/05 278 Metro Med Services Ambulance Transport 88.75 09/04/05 279 Metro Med Services Ambulance Transport 80.00 09/04/05 280 Metro Med Services Ambulance Transport 315.50 09/04/05 281 Omnicare of PA Medical Supplies 5.16 09/05/05 282 Richard Arbour Guardian Fees 310.00 10/03/05 283 Claremont Nursing Medical and Living Expenses 7,446.40 10/03/05 284 Richard Arbour Guardian Fees 310.00 10/03/05 285 Francenia Fin. Svcs. Surety Bond for Guardian 250.00 10/06/05 PNC Bank Service Charge 15.00 11/02/05 286 Richard Arbour Guardian Fees 340.00 11/13/05 287 Carlisle Med. Center Medical Expense 340.13 11/13/05 288 Popular Science Magazine Subscription 11.95 11/13/05 289 Claremont Nursing Medical and Living Expenses 7,563.78 12/05/05 290 Richard Arbour Expenses -Guardian 480.60 12/05/05 291 Richard Arbour Expenses -Guardian 233.79 12/05/05 292 Richard Arbour Guardian Fees 810.00 12/05/05 293 Carlisle Med. Center Medical Expense 76.41 Total Disbursements and Expenses - 2005 $92,388.64 16 - - ~ .' • Disbursements and Expenses - 2006 Check Date Number Payee Reason for Payment Amount 01/20/06 294 St. Mary's Church Memorial 300.00 01/20/06 295 St. Mary's Cemetary Burial 350.00 02/03/06 296 Richard Arbour Expenses -Guardian 329.00 02/03/06 297 Claremont Nursing Medical and Living Expenses 8,040.72 02/03/06 298 Friedman & Hoch, P.C. Attorney Fees 240.00 02/03/06 299 Penn State Milton Hershey Medical Expenses 15.31 02/03/06 300 Smith Radiology Medical Expenses 1.84 02/03/06 301 Social Security Admin. Return of Social Security Payment 1,305.00 02/18/06 302 Richard Arbour Guardian Fees 640.00 04/06/06 PNC Bank Service Charge 15.00 05/02/06 303 Claremont Nursing Medical and Living Expenses 5 600.93 Total Disbursements and Expenses - 2006 X16,837.80 17 VERIFICATION Richard B. Arbour, plenary Guardian of the Estate of William A. Gavenas, a/k/a William A. Gavenas, Jr., does hereby declare under oath that he has fully and faithfully discharged the duties of Guardian; that the foregoing First and Final Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the incompetent's estate have been paid in full; that, to his knowledge, there are no claims now pending against the guardianship; and that all taxes presently due from the guardianship have been paid. This statement is made subject to the penalties of 18 C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: ~`~ ~~~°~ `( ~~-ti- Richard B. Arbour, Guardian GUARDIANSHIP OF INCAPACITATED ~ ~ t: '~ ~ v~.i J i COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION William A. Gavenas ESTATE OF a/k/a William A. Gavenas, Jr. ACCOUNT OF Richard B. Arbour AN INCAPACITATED PERSON No. 21-99-830 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 GUARDIAN This form may be used in all cases involving the Audit of the Account of a Guardian of the Estate of an incapacitated person. If space is insufficient, riders may be attached. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Charles E. Friedman. Esquire Supreme Court I.D. No.: 7175 Name of Law Firm: Friedman & Hoch, P.C. Address: 300 N. Second Street. Suite 402, Harrisburg, PA 17101-1303 Telephone: 717-232-9925 Fax: 717-232-9946 Email chas.law@verizon.net Form OC-03 rev. 10.13.06 Page 1 of 6 ~~Villiam A. Gavenas Estate of a/k/a William A. Gavenas, Jr. 1. Name(s) and address(es) of Petitioner(s): Petitioner: Petitioner: Name: Richard B. Arbour Address: 5928 N. 11th Street Philadelphia, PA 19141-3211 An Incapacitated Person 2. Date of Adjudication of Incapacity: October 12, 1999 Date of Appointment as Guardian: Octoberl2, 1999 Attach copy(ies) of Decree(s). 3. A. Explain the reason for filing this Account (if incapacitated person has died, state date of death, name and address of personal representative and of his or her counsel and attach a Short Certificate if available. If incapacitated person has been adjudged to have regained capacity, state date of Decree. If Account is filed for any other reason, state address of incapacitated person): Incapacitated person died on November 30, 2005. Personal Representative is Mary Lisa A. Gavenas, 320 W. 56th Street, Apt. 6E, New York, NY 10019-4231. Counsel, if any, is unknown. B. Have prior accountings been filed? ..... ^Yes m No ..................... If yes, state accounting periods and dates of adjudication. 4. Describe in detail any questions requiring adjudication and state the position of the Petitioner(s) as to each question: None. Form OC-03 rev. 10.13.06 Page 2 of 6 William A. Gavenas Estate of a~k/a William A. Gavenas, Jr. An Incapacitated Person 5. Written Notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 6 below. In addition, notice of any questions requiring adjudication as discussed in item 4 above has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by a Petitioner or counsel certifying that such Notice has been given. C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 5.2. 6. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the estate, including the incapacitated person's heirs at law. This list shall: A. State each party's relationship to the incapacitated person and the nature of each ' party s interest(s): Name and Address o Each Parry in Interest I Relationship and Comments i any I Interest Mary Lisa A. Gavenas 320 W. 56th Street Apt 6E Daughter and Personal 100% (Already in her , New York, NY 10019-4231 Representative of deceased Incapacitated Person's Estate possession as she withdrew balance in Guardian's bank account) Form OC-03 rev. 10.13.06 Page 3 of 6 William A. Gavenas Estate of a~k/a William A. Gavenas, Jr. An Incapacitated Person B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed, identify the next of kin of such party, giving the name, address and relationship of each. None. 7. Is the Court being asked to direct the filing of a Schedule of Distribution? .......................... ~ Yes ~No Form OC-03 rev. 10.13.06 Page 4 of 6 William A. Gavenas Estate of a/k/a William A. Gavenas, Jr. An Incapacitated Person Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggests that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distributee(s) Amount/Proportion Mary Lisa A. Gavenas, Administratrix 100% B. Principal: Proposed Distributee(sJ Amount/Proportion Mary Lisa A. Gavenas, Administratrix 100% Submitted By: (All petitioners must sign. Add additional lines if necessary): 2 1, Name of Petitioner: Richard B. Arbour Name of Petitioner: Form OC-03 rev. 10.13.06 Page 5 of 6 William A. Gavenas Estate of a/k/a William A. Gavenas, Jr. An Incapacitated Person Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that he~she _ is tine of the above-named name of corporation andJ that the facts set forth in the foregoing Petition for Adjudication /Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, the Petitioner, after diligent inquiry, believes them to be true; and that any false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unsworn falsification to authorities). /K~~ Signature of Petitioner * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication / Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ~'^ ,~ ,~,. Signature of Counsel for Petitioner Form OC-03 rev. 10.13.06 Page 6 of 6 IN RE: WILLIAM A. GAVENAS IN THE COURT OF COMMON PLEAS OF a/k/a WILLIAM A. GAVENAS, JR., :CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person No. 21-99-830 ORPHANS' COURT ORDER OF COURT AND NOW, this _[, day of October, 1999, following a hearing, IT IS ORDERED: (i) lNilliam A. Gavenas, a/k/a William A. Gavenas, Jr., is adjudicated an incapacitated person. (2) Ricf yard 8. Arbour is appointed plenary guaro+an of the Ferscn and the ~~#e of the incapacitated person. (3) The guardian shall post bond in the amount of $10,000. (4) The guardian shall provide Mary Lisa Gavenas with copies of all financial statements and his bills for services submitted as guardian. (5) If at any time the guardian intends to permanently remove the incapacitated person from the Claremont Nursing and Rehabilitation Center he shall give Mary Lisa Gavenas at least fifteen (15) days prior written notice. Charles E. Friedman, Esquire For Richard B. Arbour Harold S. Irwin, III, Esquire For William A. Gavenas a/k/a William A. Gavenas, Jr. By th:e Court, Edgar B. Bayley,~J. ~ T~z~~~ ~~9'~ F'I~~M R~~COf~~ . - ; V~Q~~~ ®'i ~: ~:~ ~", ~'iS~.•.;~.'~':J ~.D~~., it C~1•rtbe~'t~n€~ County STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND SHORT CERTIFICATE I , GLENDA EARNER STRA SBA UGH Register for the Probate of Wi 11 s and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 1st day of September, Two Thousand and Six, Letters of ADM/N/STRA T/ON in common foam were granted by the Re_gi s ter o f said County, on the estate of W/LL/AMA GA VENAS 1 a t e o f M/DDL ESEX TOWNSHIP (First, Midd/e, Last1 in said county, deceased, to MARY L/SA A GA VENAS (First, Midd/e, Lastl and that same has not since been revoked . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said office a t CARLISLE, PENNSYLVANIA, this 1st da of Se Two Thousand and Six. y ptember Fi 1 e No . 2006- 00778 PA File No. 21- 06- 0778 Date of Death 11/30/2005 S . S . # 178-22-1569 NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL ESTATE IF WILLIAM A, GAVENAS, a/k/a WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 21-99-830 ORPHANS' COURT NOTICE OF AUDIT To: Mary Lisa A. Gavenas 320 West 56th Street Apt. 6-E New York, NY 10019 Enclosed are copies of the First and Final Account and Petition for Adjudication/Statement of Proposed Distribution of Richard B. Arbour, Guardian of the Estate of William A. Gavenas, a/k/a William A. Gavenas, Jr. You are hereby notified that the Account and Petition will be presented to the Court at 9:30 a.m. on June 21, 2011, in Courtroom 1, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. It is proposed that the Court award 100% of the balance for distribution to you as personal representative of Mr. Gavenas' Estate. This is, in fact, merely requesting confirmation of what actually took place when you changed the name on the bank account from Richard B. Arbour as guardian to you as personal representative. You will notice that Mr. Arbour is waiving any claim for payment of guardian, legal, accounting or filing fees that could not be paid from the bank account after you took control. Objections to the Account or Statement of Proposed Distribution, or both, must be filed in writing by not later than 9:00 a.m. on June 21, 2011 unless otherwise permitted by the Court prior to confirmation. A copy of the Objections must be served on Mr. Arbour or on me. There are no questions being presented to the Court for adjudication. FRIEDMAN & HOCH, P.C. April 29, 2011 ~~ ~-~ ~:' ~ . Charles E. Friedman, Esquire Supreme Court I.D. No. 7175 300 North Second Street Harrisburg, PA 17101-1303 (717-232-9925) Attorney for Guardian ~ ,•~ ~, June 16, 2011 ~ 320 W. 56 St., Apt. 6E ~~~ z ~ ~ ~~.., New York, NY 10019 ~ .~ ~ !=:a ~t-', Glenda Farner Strasbaugh ~~~ r .._ Register of Wills and Clerk of Orphans' Court - ~ -" t- `~ ~ Cumberland County ~ ca i One Courthouse Square Carlisle PA 17013 Re: Objection to Petition of the First and Final Account and Petition for Adjudication of Richard B. Arbour, Guardian of William Gavenas No. 21-99-830 (photocopy enclosed) Dear Ms. Strasbaugh: I am writing to file an objection to Mr. Richard Arbour's account and petition for adjudication/statement of proposed distribution of Richard B. Arbour, Guardian of William A. Gavenas (my late father, deceased on November 30, 2005). My mother having predeceased him in 1999, I am the sole heir of my father's estate and was the administrator of his estate. My sole objection is that, in both my personal capacity as the heir and in my official capacity as the administrator of the estate, Mr. Arbour has repeatedly ignored my requests for the return of papers and personal documents [e.g., copies of insurance policies, my father's high school diploma) that belonged to my father. This despite the fact that both he and his lawyer received multiple notarized requests, accompanied by a Short Certificate. To detail, these prior requests were made as follows: • On November 30, 2005 by telephone, I released Mr. Gavenas's remains to Mr. Arbour for cremation for the purpose of making funeral arrangements per my parents' wishes. At that time, I asked to be kept currentwith all matters pertinent to his affairs. Subsequent to my father's death, Mr. Arbour reimbursed himself for both his expenses ($714) and his time ($810). However I received no reply to my request. Having been alerted by an insurance company that Mr. Arbour had called them asking about contingency payouts of an insurance policy of which I was the beneficiary (but which Mr. Arbour had not told me about) and realizing that official paperwork (including notification to a pension administrator, Social Security, etc.) was still not being done nine months after my father's death (although Mr. Arbour paid himself several hundred more dollars in 2006), I very reluctantly became administrator of my father's estate on August 31, 2006. Subsequently I became aware of Mr. Arbour's less-than-stellar administration skills (e.g. bad investments, failure to collect monies due the estate, bouncing a check in 2006 bounced check on my father's PNC Bank in April of 2006 because he was so eager to pay himself guardian fees that he couldn't wait an extra day for the deposit check to clear). • In September of 2006, I requested the surrender of any remaining documents. One request went to Mr. Friedman, one request went to Mr. Arbour. Both were notarized and sent by registered mail. • In October of 2006, I sent another set of requests-also notarized and registered-this time with a copy of the Short Certificate demonstrating that I was administrator. • On March 23, 2007, I sent a request yet again to both Mr. Friedman and Mr. Arbour, this read: Once again, I am giving you and your client another chance to comply. You and your client have repeatedly refused my requests for my father's papers. In order that I may settle this estate, I must have: • All insurance policies, investment records, legal documents, medical records, receipts, in additional any or all correspondence relating to future claims, payments, or unclaimed property. (Perhaps your client should also bear in mind that the companies who handle such documents also keep records of his pltone calls to them-meaning that I have independent confirmation that he has records which he has not released to me.) • A signed affidavit from your client saying that he has surrendered all property, insurance policies, investment records, legal documents, medical records, receipts, and knows of tto future claims, payments, or unclaimed property and, should he discover such at a future date, will surrender them to the estate. Mr. Arbour's poor adminstration skills are not my concern: The money was gone before I became administrator of the estate. However, he has repeatedly failed to comply with my documented requests for my father's papers. I have receipts to support this. If indeed, he has lost them in the interim, then he should be happy to send me the signed affidavit which I have requested. I apologize to the court for filing this objection so close to the court date, however I only recently received notice of the audit from Mr. Arbour's attorney. I enclose a five dollar money order, made out to the Register of Wills and Clerk of Orphans' Court of Cumberland County, to cover the cost of filing this objection. Your uly, r venas cc: Charles E. Friedman, Esq. Richard Arbour ESTATE IF WILLIAM A, GAVENAS, IN THE COURT OF COMMON PLEAS `~-° a/k/a WILLIAM A. GAVENAS, JR., :CUMBERLAND COUNTY, PENNSYLVANIA AN INCAPACITATED PERSON : No. 21-99-830 ORPHANS' COURT FIRST AND FINAL ACCOUNT OF RICHARD B. ARBOUR GUARDIAN OF THE ESTATE OF WILLIAM A. GAVENAS, a/k/a/ WILLIAM A. GAVENAS, JR. AN INCAPACITATED PERSON Date of Incapacity: Date of Death: Date of Guardian's Appointment Purpose of Account: October 12, 1999 November 30, 2005 October 12, 1999 Incapacitated Person died and remaining funds were withdrawn from bank account by the Administratrix of his Estate It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: FRIEDMAN & HOCH, P.C. ~~~~~~ Charles E. Friedman, Esquire Supreme Court I.D. No. 7175 300 North Second Street Harrisburg, PA 17101-1303 (717-232-9925) Attorney for Accountant IN RE: FIRST AND FINAL ACCOUNT OF RICHARD B. , ARBOUR, GUARDIAN, FOR THE : ESTATE OF WILLIAM A. , GAVENAS a/k/a WILLIAM A. GAVENAS, JR., AN , INCAPACI TATED PERSON _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-1999-0830 IN RE: OBJECTIONS TO ACCOUNT ORDER OF COURT AND NOW, this 21st day of June, 2011, upon consideration of the first and final account of Richard B. Arbour, guardian of the estate of William A. Gavenas, also known as William A. Gavenas, Jr., an incapacitated person, and of an objection filed to the account by Mary Lisa Gavenas, 320 West 56th Street, Apartment 6-E, New York, New York, 10019, the account will not be confirmed at this time, and counsel for the guardian, Charles E. Friedman, Esquire, is requested to contact the Court for purposes of determining whether an auditor needs to be appointed in this matter. By the Court, Charles E. Friedman, Esquire 300 North 2nd Street Suite 402 Harrisburg, PA 17101 Mary Lisa Gavenas 320 West 56th Street Apartment 6-E New York, New York, 10019 :mae --' ~ '~' '"1 (Ti ~ tV 7 ~ : t.a _ .. ~_. ~ r~ r a ~, w; ~n p ORPHANS' COURT DIVISION In Re: William A. Gavenas COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-99-0830 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: ~ ~~ Order of Court SERVICE TO: Charles E. Friedman Mar Lisa Gavenas METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 6/23/11 ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT 1 ,~ __. -'~ `\ G'~~t ,~ ~ ~~ ~ ~ ~ ~ "i.J~ Deputy Clerk of Orphans' Court IN RE: FIRST AND FINAL ACCOUNT OF RICHARD B. ARBOUR, GUARDIAN, FOR THE ESTATE OF WILLIAM A. GAVENAS a/k/a WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO.21-1999-0830 IN RE: OBJECTIONS TO FRIST AND FINAL ACCOUNT OF RICHARD B. ARBOUR, GUARDIAN FOR THE ESTATE OF WILLIAM A. GAVENAS, a/k/a WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON ORDER OF COURT AND NOW, this 22°d day of July, 2011, upon consideration of the above- captioned matter, and upon consideration of the attached letter from Charles E. Friedman, Esq., a hearing is scheduled for Thursday, August 11, 2011, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Charles E. Friedman, Esq. ~~ Wesley O r, Jr., . 300 North Second Street ,--_ ~ Suite 402 ~~ Q ~` ~,. :.~ . ... ~''' - Harrisburg PA 171 O 1 . ~ ~ ti ~=' ~:.~~. ~-~n- , -, -~ , Mary Lisa Gavenas r!`+ It ) , , ~, ~, •_r,, -~- _: _ 320 West 56th Street -; ; :~ : _ --~ - Apartment 6-E . v -'' '-~=' _ New York, New York 10019 ._ w- c~~ "~ :rc LAW OFFICES FRII/DMAN & HOCH, P.C. 300 NORTH SECOND STREET SUITE 402 HARRISBURG, PENNSYLVANIA 17101-1303 CHARLES E. FRIEUMAN KENNETH D. HOCH (Of Counsel) TELEPHONE (717) 232-9925 FAX (717) 232-9946 EMAIL chas.law@verizon.net July 5, 2011 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Objections to First and Final Account of Richard B. Arbour, Guardian For the Estate of William A. Gavenas, a/k/a William A. Gavenas, Jr., an Incapacitated Person No, 21-1999-0830, Orphans' Court Division Dear Judge Oler: I am writing in response to your Order of June 21, 2011, regarding whether an auditor needs to be appointed in this matter. I believe that such an appointment is unnecessary and not warranted. Richard B. Arbour, the Guardian, is the incapacitated person's nephew. He was appointed on October 12, 1999. He was also the Executor of the Estate of Mr. Gavenas' deceased wife. Mr. Gavenas died on November 30, 2005. Although Mary Lisa Gavenas is the daughter of William, she did not appear at the competency hearing but was represented by counsel who agreed on her behalf to the appointment of Mr. Arbour and ~3ci~/ftl~l Il ~V dfl IIt1Ui ly ~~~ iC)f~ ilij SeCVI%:e5. I sent Ms. Gavenas' attorney copies of Mr. Arbour's annual reports throughout Mr. Gavenas' lifetime and the accounting prepared by Seligman Friedman & Company, CPAs, following his death. These documents list in detail all of the receipts and disbursements made by Mr. Arbour. After receiving the accounting, Ms. Gavenas sent me a series of long letters saying that she had discharged the attorney years earlier and accusing me of various improprieties. She demanded such things as copies of receipts for all of the expenses that Mr. Arbour had paid, together with an affidavit. I explained that it would be extremely burdensome to copy all of the receipts, even it they existed, and that all of the expenses were listed in the accounting that she had received. I could go on-and-on about her correspondence, but it really isn't germane to the issue of an auditor. ~~~~ ~ 201 ~ With respect to the issues raised by Ms. Gavenas, none of them refer to any of the specific receipts or disbursements listed in the First and Final Account. I will, however, address them. As she has been told, Mr. Arbour has no papers or personal documents. They were either sent to her or she took them from her father's former residence after her mother died. In any event, they are not the subject of Objections to an Account nor could they be addressed by an auditor. Mr. Arbour did pay expenses and his fee with Mr. Gavenas' income. There were, however, numerous trips from his residence in Philadelphia to Carlisle for which Mr. Arbour did not charge since he felt that he was attending to his uncle's personal needs as opposed to performing duties as Guardian. I•-lis fees and expenses are itemized in his annual reports and in the Account and there are no specific objections that could be addressed by an auditor. I do not know what Ms. Gavenas means regarding bad investments and failing to collect monies due the estate. There were no investments and the only money due the estate that was not recovered was the balance in the bank account appropriated by Ms. Gavenas, as described below. Again, there would be nothing for an auditor to address. It is true that Mr. Arbour bounced a check. Ms. Gavenas took out Letters of Administration without informing Mr. Arbour or me. He wrote a check to the accountant for preparing the final income tax returns. When the check bounced, the bank informed him that Ms. Gavenas withdrew the funds and closed the account. She told the bank that she had the right to do so as Testatrix and that Mr. Arbour's guardianship ended with the death of Mr. Gavenas. I wrote the bank, advising them that neither she nor the bank had the right to close the account and that he remained Guardian until discharged by the Court. The bank did not respond, and Mr. Arbour was in no position to litigate the issue because of the amount involved, the potential expense and because any amount remaining following his administration would go to Ms. Gavenas. The only thing an auditor might be able to do is direct Mr. Arbour to sue the bank or Ms. Gavenas. In addot!on tL bPin~ a futsle exercise, the cost ;~~n~;ld !?nt,G~t6fy Bach a salt, and fhe s#a+,~ute of limitations has run. As a result of the above, Mr. Arbour was not compensated for his services or expenses from that time on. Seligman, Friedman was not paid and I did not submit any statements for my services until preparation of the Account. (We did not include the Seligman, Friedman bill in the Account because they have not demanded payment and it would only complicate things.) I suppose an auditor could require that the unpaid bill be listed, but there was no objection to its omission. The allegation of failure to provide documents has been discussed above. Mr. Arbour has none of the documents she lists and has no obligation to send her receipts for every expense he has incurred. Again, this is not a proper objection to the Account and cannot be addressed by an auditor. I submit that there is nothing for an auditor to audit. The Objections are simply requests for information or copies of documents. There are no objections to the specific items of income or expenses listed in the Account. In addition, the Account contains all of the information to which Ms. Gavenas is entitled. In the event that the Court does appoint an auditor, we ask that his or her fees and expenses be advanced and paid by Ms. Gavenas. There is no money in the guardianship account since it was raided, and it would be unjust to require Mr. Arbour to personally bear those expenses. It is bad enough that he has to pay me for preparing the Account and dealing with the Objections, and that he is not being compensated for his time or expenses. I would be happy to provide any further information requested by the Court. Very truly yours, ,~i ~.. Charles E. Friedman cc: Mary Lisa Gavenas Richard B. Arbour ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: WILLIAM A GAVENAS CUMBERLAND COUNTY PENNSYLVANIA N0.21-1999-0830 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 7/22/2011 JUDGE'S INITIALS: JWO TIME STAMP DATE: 7/22/2011 IN RE: ORDER OF COURT SERVICE TO: CHARLES E FRIEDMAN ESO MARY LISA GAVENAS METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 7/22/2011 ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERID ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~~ ~ f r ..,, ~ 1 Deputy Clerk of Orphans' Court FAX Date: August 4, 2011 Fax: 717 240-7797 To: Glenda FarnerStrasbaugh Register of Wills and Clerk of Orphans' Court Cumberland County From: Mary Lisa Gavenas Re: Objection to first and final account of Richard B. Arbour, guardian, for the estate of William A. Gavenas, an incapacitated person No. 21-1999-0830 Dear Ms. Strasbaugh: I am writing to withdraw my objection [filed in a letter to you dated June 16) to the First and Final Account of Richard B. Arbour, Guardian of William Gavenas. After the court date was set by Judge Oler for August 11, Mr. Arbour miraculously uncovered the photos and other personal documents which I have been requesting for six years. With the fie6p aphis attorney Charles E. Friedman, these were returned to me last night, along with:the:requested affidavit from Mr. Arbour. Since Mr. Arbour has now complied with my request, I have no further objection to his first and final accounting, and hope that the matter may be expeditiously closed. I am sending this notice to you by fax in order that the court receive it in a timely fashion and that the hearing can be removed from the Court of Common Pleas Courtroom No. 1 court docket for 9:30 a.m. on August 11. I will also send a copy of this letter by mail. an yo , ar Lisa Gavenas 320 . 56 St., Apt. 6E New York, NY 100.19 „~,, MgavenasL~gc.cutiy.edu ~.~: - ,. ;;;,+ j . , . ~ ~1 ;,~_ ._- ~ ~; m ~ '~ n , ~ ~ ~: C!J ~ CA f r l '`~'1 cs - ~ - --~ = ~ ~.; ~ . F ~ IN RE: FIRST AND FINAL IN THE COURT OF COMMON PLEAS OF ACCOUNT OF RICHARD B. CUMBERLAND COUNTY, PENNSYLVANIA ARBOUR, GUARDIAN, FOR THE ESTATE OF WILLIAM A. ORPHANS' COURT DIVISION GAVENAS a1k/a WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON N0.21-1999-0830 IN RE: OBJECTIONS TO FIRST AND FINAL ACCOUNT OF RICHARD B. ARBOUR, GUARDIAN FOR THE ESTATE OF WILLIAM A. GAVENAS, a/Wa WILLIAM A. GAVENAS, JR., AN INCAPACITATED PERSON ORDER OF COURT AND NOW, this 10`i' day of August, 2011, upon consideration of the Withdrawal of Objections of Mary Lisa Gavenas filed on August 8, 2011, a copy of which is attached hereto, with respect to the First and Final Account of Richard B. Arbour which had been scheduled for confirmation on June 21, 2011, the within account is now hereby confirmed and distribution is directed in accordance with the schedule of distribution. THE HEARING previously scheduled in this matter for August 11, 2011, is cancelled. BY THE COURT, Charles E. Friedman, Esq. 300 North Second Street Suite 402 Harrisburg, PA 17101 :~~ -, ~ _~~. ~-, -. f-- " z?-i -_- -~1 ~._ ,_ ~ ~ 3 - - r-'. ~~~ - --r-, Mary Lisa Gavenas 320 West 56`h Street Apartment 6-E New York, New York 10019 rc ~' • FAX Date: August 4, 2011 Fax: 717 240-7797 To: Glenda Farner Strasbaugh Register of Wills and Clerk of Orphans' Court Cumberland County From: ~ Mary Lisa Gavenas Re: Objection to first and final account of Richard B. Arbour, guardian, for the estate of William A. Gavenas, an incapacitated person No. 21-1999-0830 Dear Ms. Strasbaugh: I am writing to withdraw my objection (filed in a letter to you dated June 16) to the First and Final Account of Richard B. Arbour, Guardian of William Gavenas. After the court date was set by Judge Oler for August 11, Mr. Arbour miraculously uncovered the photos and other personal documents which I have been requesting for six year-s.~UVi~t~he ~t-elrp olhis attorney Charles E. Friedman, these were returned to me last night,.alor~gw.ith:the:xequested affidavit from Mr. Arbour. Since Mr. Arbour has now complied with my request, I have no further objection to his first and final accounting, and hope that the matter may be expeditiously closed. I am sending this notice to you by fax in order that the court receive it in a timely fashion and that the hearing can be removed from the Court of Common Pleas Courtroom No. 1 court docket for 9:30 a.m. on August 11. 1 will also send a copy of this letter by mail. an yo , a Li a Gavenas 320 .56 St., Apt. 6E New York, NY xOQ19 .1 Mgavenas~gc.cuny.edu ~, ~ ~ ~'` ~ Q ,~ _ z.. ;~' ~ Cr CJ7 ~ r'r' Tl ~~'~ p " ~ Fi ~ • . ~~ ~ ~ ~ ~~ . ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: WILLIAM A GAVENAS CUMBERLAND COUNTY PENNSYLVANIA N0.21-1999-0830 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 8/10/2011 JUDGE'S INITIALS: JWO TIME STAMP DATE: 08/11/2011 IN RE: ORDER OF COURT SERVICE TO: CHARLES E FRIEDMAN ESO MARY LISA GAVENAS METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVF..RED ^ OTHER MAILED: 8/11/2011 ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT - 1l -, Deputy Clerk of Orphans' Court ESTATE IF WILLIAM A, GAVENAS, IN THE COURT OF COMMON PLEAS a/k/a WILLIAM A. GAVENAS, JR., :CUMBERLAND COUNTY, PENNSYLVANIA AN INCAPACITATED PERSON No. 21-99-830 ORPHANS' COURT PETITION FOR DISCHARGE OF GUARDIAN AND SURETY UNDER SECTION 3184 OF PROBATE, ESTATES AND FIDUCIARIES CODE TO THE HONORABLE JUDGE OF SAID COURT: The petition of Richard B. Arbour respectfully represents that: 1. Petitioner was appointed plenary Guardian of the person and estate of William A. Gavenas, a/k/a William A. Gavenas, Jr., by Order of Court dated October 12, 1999. 2. The First and Final Account of Richard B. Arbour, Guardian, was filed with this Court and scheduled for confirmation on June 21, 2011. Objections to the Account that were filed by Mary Lisa Gavenas were withdrawn on August 8, 2011. On August 10, 2011, Honorable J. Wesley Oler, Jr. entered an Order of Court confirming the Account and directing distribution. 3. The entire estate has been distributed to the party entitled thereto and no other property belonging to the estate has been received or remains to be accounted for. 4. Surety on Petitioner's bond as Guardian is Harleysville Mutual Insurance Company on bond in the amount of $10,000 filed with the Register of Wills. A copy is attached hereto. 5. The only party in interest is Mary Lisa Gavenas, Personal Representative of the Estate of William A. Gavenas, who was awarded the entire balance of principal and income. WHEREFORE, Petitioner asks the Court to enter an Order discharging Richard B. Arbour from the duties of such office and that both he and Harleysville Mutual Insurance ,t ,, ,. x. Company be released from future liability for acts of Richard B. Arbour as Guardian of the Estate of William A. Gavenas, a/k/a William A. Gavenas, Jr., an incapacitated person. FRIEDMAN & HOCH, P.C. Charles E. Friedman, Esquire Supreme Court I.D. No. 7175 300 North Second Street Harrisburg, PA 17101-1303 (717-232-9925) Attorney for Petitioner 2 VERIFICATION I hereby verify that the statements of fact made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that this Verification is made subject to the penalties contained in 18 Pa. R.C.P. Section 4904, relating to unsworn falsification to authorities. Pj_ Richard B. Arbour 3 (, The Harleysville .A lr~surance Companies 3.'53 iil~pb Av~nus tiarl~y~~, PA 1 W38 ALL Iii BY THESE PRESENTS, THAT w•E, GUARDI~,IV OF ZNCaOFiPEI'FNI' BOND BOND I~"O.: M039663 RICHARD B ARBOUR Principal(s), and HARLEYSVILLE MUTUAL INSURANCE COh4'ANY, HARLEYSVILLE, PENNSYLVANIA 19438, corporation authorized to do business in the Commonwealth of Pennsylvania as Surety, are ld and firmly bound unto THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA ~ in the sum of TEN THOUSAND Dollars ($ 10,000 ) be paid to the said Court, its successors and assigns; to which payment, well and truly to made, we bind ourselves, and each of us for himself jointly and severally, our and each of r heirs, executors and administrators. the above bounden Principal(s) was (were) by an Order of the COURT OF COMMON PLEAS 'sRLAND COUNTY, PA , made on the 12 day of OCTOBER , 19 dul ~d Guardianls) of WILLIAM A GAVENAS, a k a WILLIAM A GAV y :VOW, TIiEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT, is the said Principal(s) shall faithfully discharge the duties of ;vardian of said Incompetent according to law, and if said Principal(sa shall render a true accounting of all the e.~cpenditures and disbursements of the goods, chattels and personal estate of said Incompetent that shall come to the hands of said Principal(s), copies.ehall be filed c:ith court and surety within sixty days of the Bond anniversary, then thr`~ obligation to be void, otherwise to be and remain in full force and virtue. The Principal (s) and HARLE.1 SVILLE `1[.''IZ..'AI. INSURANCE CO[~'ANY hereby submits themselves to the jurisdiction of the above named Court and irrevocably appoints the Clerk of said Court as their agent upon when ans• papers affecting their liabilit3 on this bond may be served; who shall forthwith mail copies thereof by ordinary mail to the Principal{s) and Surety at the address stated in the bond. Sealed~w~ith our seals, and dated this 25 1 Witness }~Q-tlc~j Arbvu -' Witness ,~- Witness day of OCTOBER , 1999 RICHARD B ARBOUR (L.S.) Principal BQ~~~-- l ~-S ~~ cL.s. ) Principal HARLEYSVILLE AL INSURANCE COF~ANY KYLE M ZEHR ~1, SEAL) A~torney^in-Fact The Harleysville Insurance Companies Harleysville, PA 19438 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: The Harleysv0le Mutual Insurance Company, a Corporation of the Comrrlorlwealth of Pennsylvania, does hereby make_ constlTtlte ----- ~ ------------------------------ ~ appoint John L. Frankenfield or K le M Zeh . ------------------- ~ Hanle swill its true and lavvft~ Attorney-ir~-Fact. to make. execute, seal and deliver for and on its behalf and as its ad and deed. one of the folbwui9 r v t~S. ADMINISTRATOR. EXECUTOR PERSONAL REPRESENTATNE CObpiA1SSKNJER SALE OF REAL ESTATE. r CONSERVATOR t:oMMrrrEE. GUARDIAN. TRI.>STTEE ~~ vhll. ~~ OR RECEIVER w BANKRUPTCY 500 000.00- " or RECENER IN STATE COURT in an amoune not b exceed .........................._»...........................$ ~ c 100 000.00- m ANY COURT BOND in an arta~xit not b exceed ............» ..............»».»....................».......».»........»».»...........................s ~ o ...» .......................».....5 100 , 000.00- m ANY MISCELLANEOUS BOND in an amount not bexceed ...............•-...............»..............».........». , m` ..»_....._». .........»....... ~ .. x,00 , 000.00- ANY LICENSE MID PERMrT BOND in an amo~+-t not b acceed »». ..."..»..»...».°-\ ~~ ~ J ,: L~ i° ~ it 300,000.00- ~ ANY PUBLIC OFFlCIAL BOND (IXtXL1DING SCFIEDULE M~ BLAN>~T ~~ h an artaur~t not b exxed .....»•.~....~`~~.,~. ~ - eoNDS in an amovt not b exceed - (~' ~ ) ...............s 3 , 000 , 000.00- ~ ~ ANY B~, P PAYMEMAND MAINTEl~WrCE •\,~ of lttese presents shah be as binding upon said Company ~ ~ ~ \~ . ib ar fiteMs and Puf ~ esp. Bonds in pursuance and aclvlowledged by the ray elected officers of at Ids office, ~'~~' in o had been duly ~ ~, ~, `~ ~ 1 f' H their own proper persais- ~, . by "' vof Directors of the m •~ apt is madeby- and tinder the aultLOri~ of a ~ by on _o February 27.1979 at Harkysvdle. Pennsy~. which p ~ ~ and is now h flIN force and etTed. `~ ~ IN IE WF~~EOF. Harleysville Mutlral Insu has taus ~ ants m be signed and ~ corporate seat b be ~ ~~~~~~~~~ tfrirt~. October 18.199.9 \ vw ~p~~~~~ / o ~ gP01~,q~, ~ ;2f `~ ~, ~~~9 " HARLEYSVILLE MUTUAL INSURANCE COMPANY E 1 ~ - ~ ~~ ~' g~ C. Vice President ~ ~ ~ '9 David ~ Vie r/ Lo o 'Y~ 9~ r ~ ~` t,~~~~ ACKNOWLEDGME y E Coun ~~J ~ s .before me appeared the above named officers of HARLEYSVIl1E MUTUAL E On October 18 1999 are ilia individuals and officers ~ ~ INSURANCE COMPANY. to me personally known. who. b~r9 b'y me duly sworn, did say chat they to seal of said ~° ~ described who executed the pr+eced'ug power of attorney. and that the seal atTaed tb said instrument is the corpora v, c Instrtxrlent was S'~1ed and sealed on behalf of said Company by authorlTy and direction of said Company. and the .- ~ sa ©a~~w„ said instrtunent to be the free ad and deed of said Company. o `I s ~ It~S~ 1fVli1F.%~ave hereunto set my hand and affixed my official seal, the day and year above written. m ~ My Cdr~xrlissl~expir+t~ Ndarlel Seal t~rtLelaA. ~- Inc Parnc.Q~.-- ~ •"")'l.tv a- IC ~- ~ c ~ `~ My Commission Expires ePt• Notary Public of Perutsylvarlia rn ~ ~ ~Q~ >~~ CERTIFICATION o r Commonwealth of Pennsylvania t m ~ County of Montgomery f ~ N ~ I, Andrew M Ttxr~a an officer of the HARLEYSVILLE MUTUAL INSURANCE COMPANY, a corporation ~`o ~ of the Commornnrealtl~ of Pew do hereby certify that the above and toregoirtg is a true and corned Dopy of a Paver of Attorney, m executed by the above named oftcers of the said Company. which is sb11 in fuD force and effect. ~1 C ~ 'E IN WITNF~S WHEREOF, t five tleretAttt) set rrty Hard and affixed the seal OT said COtrlparry On this.. +L ~Y a ~ ~~ ~. Q ~ MUTUAL INSURANCE COMPANY ~ (SEAL) zs~., By: z ~ Andrew M. Tuma, Assistant Vice Preskent Q _ a~ 3 h CONFIRMATION: H tho obligee wishes to confirm the validity of the bond attached to this power of attorney, he is invited to call Harleysville Mutual Insurance Company at 215-256-5664. BBA-37 (Ed. 10-99) RESOLUTION adopted by the Board of Directors of Harleysville Mutual Insurance Company on February 27, 1979 RESOLVED, that the Chairman of the Board, the President, the Executive Vice President, or the Secretary, shall have power,by and wiif~ the concurrence of any one of the other Vice Presidents, to appoint and to revoke the appointments of attorneys-in-fact or agents with power and authority, as defined or limited in their respective powers of attorney, and to authorize them to execute on behalf of the Company, and affix the seal of the Company thereto, bonds, undertakings, recognizance, contracts of indemnity and other written obligations in the nature thereof; and any such officers of the Company may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and attorneys-in-fact with authority to execute waivers and consents on behalf of the Company. RESOLVED FURTHER, that the signature of any of the foregoing officers and the Company seal may be affixed by facsimile to any power of attorney or special power of attorney or certificatan of either given for the execution of any bond, undertaking, recognizance contract of indemnity or other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same forceFand effect as though manually affixed. ,~;~a.3i.;1:.. _. CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the foregoing Petition on the following by placing the same in the United States Mail, postage prepaid, at Harrisburg, Pennsylvania, on the 12th day of August, 2011, addressed as follows: Mary Lisa Gavenas 320 W. 56th Street, Apartment 6E New York, NY 10019-4231 Richard B. Arbour 5928 North 11t" Street Philadelphia, PA 19141 Harleysville Mutual Insurance Company 355 Maple Avenue Harleysville, PA 19438 ~. Charles E. Friedman, Esquire ESTATE IF WILLIAM A, GAVENAS, IN THE COURT OF COMMON PLEAS a/k/a WILLIAM A. GAVENAS, JR., :CUMBERLAND COUNTY, PENNSYLVANIA AN INCAPACITATED PERSON No. 21-99-830 ORPHANS' COURT ORDER OF COURT 1~ AND NOW, this ~ ~1 day of ~ ~ , 2011, upon consideration of the within Petition, it is ORDERED: (1) Richard B. Arbour is discharged from his duties as plenary Guardian of the person and estate of William A. Gavenas, a/k/a/ William A. Gavenas, Jr., an incapacitated person. (2) Richard B. Arbour and Harleysville Mutual Insurance Company, his surety, are released from future liability for acts of Richard B. Arbour as Guardian. ~1 rt.s1 \! ~~ ,, ~_ C1. ~ --~ -. • __. : .. _~~ ~_; ~ - ' '° '~"- CF:- ~ ~ ~ G ~ ~_'~_ '1 Q~~ ~-~ __ Distribution: ~ r~ ~ r Charles E. Friedman, Esquire, 300 N. 2nd Street, Suite 402, Harrisburg, PA 17101- 1303 For Richard B. Arbour Harleysville Mutual Insurance Company, 355 Maple Avenue, Harleysville, PA 19438 Mary Lisa Gavenas, 320 W. 56th Street, Apartment 6-E, New York, NY 10019-4231 For the Estate of William A. Gavenas, deceased By the Court, In Re: WILLIAM A GAVENAS JWO NO. 21-99-0830 ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CERTIFICATE OF SERVICE OF ORDER 11 IN RE: ORDER OF SOURT SERVICE TO: CHARLES E FRIEDMAN ESO HARLEYSVILLE MUTUAL INSURANCE COMPANY MARY LISA GAVENAS METHOD OF MAILING: ENVELOPES PROVIDED BY: ® LISPS ®PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: 8/ 17/2011 SERVICE TO: METHOD OF MAILING: ^ LISPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy Clerk of Orphans' Court