HomeMy WebLinkAbout10-24-11D
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
N0.21-09-0878
IN RE: HAZEL A. PRIEST, A PARTIALLY INCAPACITATED PERSON
PETITION TO TRANSFER PRINCIPAL TO INCOME
BY
JEWISH FAMILY SERVICE OF GREATER HARRISBURG, INC.
PERMANENT LIMITED GUARDIAN
OF THE ESTATE OF HAZEL A. PRIEST
Gary L. Rothschild, Esquire
Pa. Supr. Ct. I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Harrisburg, PA 17112
(717) 540-3510
Attorney for Permanent Limited Guardian
of the Estate of Hazel A. Priest
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1N RE: : 1N THE COURT OF COMMON PLEAS
HAZEL A. PRIEST, : OF CUMBERLAND COUNTY, PENNSYLVANIA
A partially incapacitated
person :ORPHANS' COURT DIVISION
DOCKET NO. 21-09-0878
PETITION TO TRANSFER PRINCIPAL TO INCOME
BY JEWISH FAMILY SERVICE OF GREATER HARRISBURG INC
PERMANENT LIMITED GUARDIAN OF THE ESTATE OF HAZEL A PRIEST
AND NOW, comes the Petitioner, Jewish Family Service of Greater Harrisburg, Inc.,
by and through its legal counsel, Gary L. Rothschild, to file this Petition seeking to transfer
Principal to Income of the estate of Hazel A. Priest, and in support thereof avers as follows:
1. The Petitioner, Jewish Family Service of Greater Harrisburg, Inc., is a
Pennsylvania corporation which was named permanent limited guardian of the
person and estate of Hazel A. Priest by Order of this Court dated January 4, 2010
(a copy of the Court's Order is attached hereto as Exhibit "A").
2. Ms. Priest was born on October 11, 1926 and is currently 85 years old.
2. Ms. Priest resides at her home located at 922 Susan Circle, Enola, PA 17025.
3. The only known relatives of Ms. Priest are:
a. Cindy DiFiore -niece
1636 Fallbrook Avenue
San Jose, California 95130
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b. Roy John Sites -nephew >~, ~- =, ~; ~.: _,:
c/o Cindy DiFiore -~ ~ ~ c-~ __,
1636 Fallbrook Avenue 70 `~ r r,.~ -~'
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San Jose, California 95130 ~,
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4. Petitioner's Inventory was filed on July 5, 2011 detailing total assets of
$ 518,975.84.
5. Petitioner's initial Annual Report of the Guardian, for the period of January 4,
2010 through December 31, 2010, was filed with the Court on July 5, 2011.
6. Petitioner's initial report reflects that insufficient income is received each month to
pay all of the expenses needed to care for the partially incapacitated person.
7. Petitioner's initial report indicates a deficit in Income of $ 30,257.89 for the yeaz
ended December 31, 2010.
8. Ms. Priest's monthly income in 2010 was approximately $ 1,600.00, consisting of
social security income ($ 1,440.00), pension income ($ 20.00) and investment
income (approximately $ 140.00).
9. Ms. Priest's monthly expenses in 2010 were approximately $ 4,000.00, as detailed
below:
a) Medical care, including, medicine, hospital, doctors and other out of home
medical caze, alert one/lifeline coverage- approximately $ 200.00.
b) Upkeep and maintaining Ms. Priest's home, including real estate taxes,
repairs and maintenance, homeowner's insurance, and utilities-
approximately $ 600.00.
c) In home medical caze- approximately $ 1,200.00.
d) Food-approximately $ 300.00.
e) Jewish Family Service-approximately $ 1,500.00 for case management
services.
f) Miscellaneous, including Zion Lutheran, etc.-approximately $ 200.00.
10. The assets available to Ms. Priest, as of December 31, 2010, were approximately
$ 490,000.00.
11. The Petitioner is of the opinion that for the calendar yeaz 2011, Ms. Priest's
monthly income shall be approximately $ 1,500.00.
12. During 2011 Ms. Priest began receiving 24 hour/day personal, in-home care at an
increased cost (total cost of $ 2,345.00 per week). The Petitioner is of the opinion
that for the calendaz yeaz 2011, Ms. Priest's monthly expenses shall be
approximately $ 13,300.00, with the increase primarily due to the more
comprehensive 24 hour/day caze.
13. Petitioner is of the opinion that Ms. Priest's monthly income for calendaz yeaz
2011 will exceed Ms. Priest's monthly expenses by approximately $ 11,800.00 per
month.
14. The Petitioner is of the opinion that transfers of $ 11,800.00 per month, from
principal to income, effective January 1, 2011, will provide sufficient funds to pay
the monthly obligations of Ms. Priest.
15. To replenish the income fund, which has a deficit balance of $ 30,257.89 as of
December 31, 2010, and to have sufficient funds available should an unexpected
need anise, Petitioner is of the opinion that the sum of $ 36,000.00 should be
transferred from principal to income.
WHEREFORE, the Petitioner, respectfully requests that this Honorable Court:
i) Authorize the transfer of up to $ 11,800.00 per month, from principal to
income, effective January 1, 2011, so long as the needs of Ms. Priest
require such additional funds, and
ii) Authorize the one-time transfer of $ 36,000.00 from principal to income,
to: 1) fund the approximately $ 30,000.00 deficit balance in the income
fund, and 2) provide a small excess in the income fund should unexpected
needs arise.
Respectfully submitted,
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Date othschild, Esquire
PA. Supreme Court I.D. No. 62041
2215 Forest Hills Drive, Suite 35
Northwood Office Center
Harrisburg, PA 17112
Tele. (717) 540-3510
Attorney for Petitioner, Jewish Family Service of
Greater Harrisburg, Inc.
VERIFICATION
I certify that the facts set forth in the foregoing Petition to Transfer Principal to
Income are true and con: ect to the best of my knowledge, information and belief.
I understand that any false statements herein are made subject to penalties of 18 Pa.
C.S. § 4904 relating to unswom falsification to authorities.
JEWISH FAMILY SERVICE OF
GREATER HARRISBURG, INC.
Date: /O / a~l
By:
Ms. Helene Cohen, CEO
01-06-'11 11:53 FROM-JFS of Hbg 7172348258 T-512 P0002/0003 F-945
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IN RE: IN THE'. COURT OF COMMON PLEAS 4F
HAZEL A. 1~RIEST, CUMBERLAND.CpT.TNTy, PENNSYLVANIA
An alleged incapacitated • ~ ORPF]`APtB ~ COURT DIVISION
person. NO. 21-o9-OB78~
TN RB: FINAL ORDPsR Off' COURT DF`PERMINING .PARTIAL ING•~PACITY' ~ D
APPOINTING ;LIMITfiD pERMANEN'L GUARDIAN OF PBR$ON }~j. SST~E ??
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_ AND NOW, this 4th day of January,- 2U .cfs•o ~ ~:.~,i
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consideration of the Petition 'of Cumberland County • •& ~ ;_;
CommuIIiity Services To Adjudicate an Incapacitated Person and`,~ro ~~ ~'
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APpo•int a Plenary Guardian of Person and Estate with respect to •
13azel A, Priest, .an allegedly incapacitated•person, and .following
a hearing at which Ms. Px'iest was present and represented ,by her
court-appointed counsel, Me.lj,ssa ~'. Miller, Esquire; and without
• objections, the-Court finds thaC Hazel A, Priest is a partially '
incapacitated person, she is consequently adjudicated as such,
and Jewish Family Service oP Greater iarrisburg, Inc,,3333 i4orth
. Front Street, Harrisburg, Pennsylvania, 1711~O, is~ appointed the
Permanent. limited Srieardian of her person and estate {lithe Limited
Gua.rdian~~) ,
The Limited Guardian shall have full authority to
canaent to the• general care, maintenance, and custody of Hazel '
Priest, with•the•stipulation that the Limited Guardian will•
undertake .it's best efforts to ensure 'that Ms. Priest remains in
her home and retains her inciependerice.as long'as~in the Limited '
Guardians judgment she.is able t.o do ma safely, The Lighted .•
Guardian, understands that Ms, .Priest has a strong attachment to
her home Ear personal reasons, and wi11•,endeavor to respect -her
desire to remain in her home.
The Limited Guardian shall~eneure that Ms. Priest
receives appropriate services„• and sha7.~. assist her in
01-06-'11 11:53 FBOM-JFS of Hbg 7172348258 T-512 P0003/0003 F-945
maineaini•ng self reliance and independence, including, but not
limited•ta, ensuring 'that (z') a nonmedical Mime healthcare agency
to be selected by the Limited Guardian provide public and private
in-hoitte services, to~prepare balanced appropriate meaJ.s, provide
laundry services, and to perform grocery'shopping; (Z) a lock be
installed on, the basement door to prevent Ms. priest from -
accessing the stairs; anci,(3).a monitored, alarmed pillbox be
used to dispense medication.
The Limited Guardian o£ the Estate shall. have the
authority to marshall all of Ms. Priest's income and assets.
No bond is• required o,f the I,imi'ted Guardian.. In
lieu of a Surety Bond, the Limited Guardian is directed to
maintain in full force and e•fPect its existing professional
fiduciary liability insurance. .
The Limited Guardian shall File on a timely basks
with the court all reports, and accounts required by statute.
Hazel A. Priest is hereby notified of her ri..ght
to'appeal this Order of Court_)~y filing exceptions with the Clerk
Of the oxphans' 'Court Aivision within 20 days of the date of this
,Order or to file an appeal to the protF~onotary's Office of the
Superior Court of Pennsylvania within 30 days of the data of this.
Order ar petition this Coux't for a hearing 'to review or terminate
adjudication of incapacity and•gtxardianship herein established.
By the Court,
, ~~., u.
Anthony. L. DeLuca,. Esquire
11.3 grpnt SfreQt
P,O: B(5x 3S8
Roiling ,Springs, PA 17007:.
For Petxti,oner
~lel•isea: F. biller, $squire
950. IDaalnut 8dttom Road
Suite .7.5209
Carliale,.•PA 27015
Court-appointed counsel
For: Hazel A. Priest• :mac