HomeMy WebLinkAbout04-11-12IN RE:
HAZEL A. PRIEST,
A partially incapacitated
person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
DOCKET NO. 21-09-0878
PETITION SEEKING APPROVAL TO LIQUIDATE ASSETS
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, and files this Petition seeking to obtain
specific approval for the liquidation of assets held in 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. The Court's Order dated January 4, 2010, inter alia, granted Petitioner the
"authority to marshall all of Ms. Priest's income and assets."
3. Petitioner has attempted to redeem certain United States savings bonds held in the
name of Mrs. Priest. =y
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4. The Petitioner has been unable to redeem said savings bonds as the United States
Treasury representative has indicated that a specific Court Order is necessary to
effectuate said redemption.
5. To allow for the redemption of United States savings bonds and other assets held
by Mrs. Priest, to meet the future financial needs of Mrs. Priest, Petitioner is
seeking an Order from this Court granting such authority.
6. Mrs. Priest's assets, other than her residence and cash investments, consist of the
following:
a. 1991 Buick LeSabre automobile (estimated value $ 1,300.00);
b. U.S. Series E and EE savings bonds (estimated value $ 24,054.35);
c. Three Metlife insurance policies (with policy numbers ending in ...584,
...362 and ...842)(estimated total value $ 6,898.19), and
d. Alliance Life Annuity (estimated value $ 47,138.75).
7. The only known relatives of Ms. Priest are:
a. Cindy DiFiore -niece
1636 Fallbrook Avenue
San Jose, California 95130
b. Roy John Sites -nephew
c/o Cindy DiFiore
1636 Fallbrook Avenue
San Jose, California 95130
WHEREFORE, the Petitioner, respectfully requests that this Honorable Court
authorize the specific sale of the above listed estate assets.
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Date
Respectfully submitted,
G
Gary L. thschi d, 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 Seeking Approval to Liquidate
Assets is true and correct 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 unsworn falsification to authorities.
JEWISH FAMILY SERVICE OF
GREATER HARRISBURG, INC.
Date: y I~ Iv'Z O 1 ~ By:
Ms. Helene Cohen, CEO
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1
IN RE: IW TEig COURT OP COMMON PLEAS OF
HAZEL A. PRIEST, ': CUMBERLAND.COUNTY, PENNSYLVANIA
An alleged incapacitated : ORPHAiv6' cgURT DIVISION
person NO. 21-09-0878
TN RE: FINAL ORDPR OF COURT DSTERMTIVING_PARTIAL TNCAPAC'ZTY A~1VD
APPOINTING LIMITED PPsRMAN£NT GUARDIAN OF PBR$ON E9T~E ,,v:~
• ~ ~rs ~`;
ORDER OF COURT a''' [:7 ~5
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. AND NO~P, tti,:i.'s 4th day of Januar , 20~ ' o "'" ~~'
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consideration of the Petition'oE Cumberland County & ;r„tj
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community Services To Adjudicate an Incapacitated Person a~d~ro £~~ .
Appoint a Plenary Guardian of Person and Estate with respect to .
Hazel A. Priest, .an allegedly incapacitated person, and .following
a hearing at which Ms. Priest was present and represented .by her
court-appointed counsel, 'Melissa F. Miller, 88quire; and without
objections, the Court finds that Hazel A, Priest is a partially
incapacitated .person, she is consequently adjudicated as such',
and Jewish~Family service of Greater Harrisburg, inc., ~~33 north
Front Street, Harrisburg, Pennsylvania, 1711.0, is~ appointed the
permanent limited guardian of her person and estate (!'the Limited
Guardian").
The Limited Guardian aha11 have full authority to
consent to-the general care, maintenance, and .custody pf T-Iazel
Priest, with•the•stipulation that the Limited Guardian wi11
undertake .ts best efforts to ensure 'that Ms. Priest remains in
her home and retains her independerice.as loztg as in the Limited
Guardians judgment she is able to do eo safely, The Limited
Guardian. understands that Ms. Wriest has a serang attachment to
her home for personal reaaans, and wi1l~.endeavor Co respect -Pier
desire to remain in hex' home.
The Limited Guardian shall.enaure that Ms. Priest
receives appropriate services, and shall assist her in
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maintaining self reliance and independence, including, but not
limited•ta, ensuring that (1') a nonmedical home healthcare agency
to be selected by the Limited Guardian provide public and private
in-home services, to~prepare balanced appropriate meals, provide
laundry services, and to perEorm.groCery~shopping; (2) a lock be
installed on the basement door to ,prevent Ms. Priest from .
accessing the stairs; and,(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 of the I,imi'ted Guardian. In
lieu of a Surety Bond, the Limited Guardian i.s directed to
maintain in full force and effect its existing professional
fiduciary liability insurance.
The Limited Guardian shall file on a timely basis
with the Gourt.all reports. and accounts required by statute,.
Hazel P,.. Priest is hereby notified of her ri,cght
to appeal this Order of Court. filing exceptions with the Cleric
Gf the orphans' 'Court A3.visioi7 wYthin 20 days of the date of this
Order or to file an appeal to•the Prothonotary's Office of the
$upex•ior Court of Pennsylvania within 30 days of the date oE.this.
Order ax' petition thief Court for a hearing to review or terminate
a'djudi'cation of incapacity and•guardianship herein established.
By the Court,
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cs 7er, ,7r.,
Anthony. L. DeLuca,. Esquire
113 Front .Sfreet
P,O: • Brix 3S8
Boiling.Sprxnga, PA 17007:.
For Petitioner
~el•zsea: F. Miller, Enquire
950. Walnut Htlttom Road.
5ui.te .15-209
Carlisle,.; PA 17015
Court-appointed counsel
For: Hazel 'A. Priest :rnae
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 SEEKING APPROVAL TO LIQUIDATE ASSETS
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