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HomeMy WebLinkAbout05-07-12~~~~~..=:f ~~. __ : ~~ E c _. .,.~~ =~~t~ ~~Y -7 Fri 2: ~ IN THE MATTER • CLER!~I~THE COURT OF COMMON PLEAS OF GEORGIA D. JOHNSTONE, ORPHAIV~c GBERLAND COUNTY, PENNSYLVANIA AN ALLEGED Cl/~n~Fr?; `'~'w'~O~>EPANS' COURT DIVISION INCAPACITATED PERSON N0.21-09-00377 PETITION UNDER SECTIONS 5515 AND 5123 OF THE PROBATE ESTATES AND FIDUCIARIES CODE TO DECREASE THE AMOUNT OF THE FIDUCIARY BOND To The Honorable Judges of the Cumberland County Court: Gary J. Muccio, Guardian of the estate of Georgia D. Johnstone, by and through his attorneys, McNees Wallace & Nurick, LLC, files this petition for a decrease in the amount of fiduciary bond under Sections 5515 and 5123 of the Pennsylvania Probate, Estates and Fiduciaries Code and represents that: 1. Georgia D. Johnstone ("Ms. Johnstone") resides at Bethany Village, 5225 Wilson Lane, Mechanicsburg, Cumberland County, Pennsylvania and has resided in such facility since March 22, 2009. 2. Ms. Johnstone suffers from severe dementia, Alzheimer's type and as a result requires constant care. 3. In addition to the monthly costs incurred as a result of Ms. Johnstone's residence at Bethany Village, she is attended by privately employed caregivers to ensure her well.-being. The total approximate monthly expense of Mrs. Johnstone's care is $15,000. True and complete copies of the annual reports of the Guardian for the periods ending March 31, 2011 a.nd March 31, 2012 are attached hereto as Exhibit A. 4. Petitioner filed a bond with the Cumberland County Court of Common Pleas on June 19, 2010, in the amount of $1,000,000.00 on which the Ohio Casualty is surety. The amount of the bond was based on an estimate of the total funds that the Guardian anticipated receiving from the Conservatorship in California where Ms. Johnstone had previously resided. 5. The Inventory of the Guardianship Estate filed July 22, 2010 showed an initial amount received by the Guardian of $717,670.63. 6. The current value of the Guardianship Estate as of March 31, 2012, is 9>465,171.29. 7. The present outstanding bond of $1,000,000 is substantially more than is needed to sufficient protection of the Guardianship Estate. 8. The Guardian desires to reduce the cost of the bond to preserve the assets of the Guardianship Estate for the care of Ms. Johnstone. WHEREFORE, Petitioner respectfully requests that this Honorable Court enters an order to reduce the amount of the bond required to $465,171. RESPECTFULLY SUBMITTED, McNees Wallace & Nurick LLC' -_ By: E i P. laugh ~--~~ reme Co I.D.: 76397 ~\ 100 Pme treet v P.O. Box 1166 Harrisburg, PA 17108 (717) 237-5243 Attorney for Petitioner Gary J. Muccio DATE: May ~, 2012 2 IN THE MATTER IN THE COURT OF COMMON PLEAS OF GEORGIA D. JOHNSTONE, CUMBERLAND COUNTY, PENNSYLVANIA AN ALLEGED ORPHANS' COURT DIVISION INCAPACITATED PERSON N0.21-09-00377 VERIFICATION I, Gary J. Muccio, hereby verify that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. C Gary J. ccio DATE: May y , 2012 ANNUAL REPORT OF GUARDIAN OF THE ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~n ~-. ;x~ ~~ -c~ ~;?. T'.~,~~ -- u=~ ~~-„ ~::: ~_=; -'a -Za .~ ~, =~,: c~? Estate of Georgia D. Johnstone an Incapacitated Person No. 21-09-00377 I. INTRODUCTION Gary J. Muccio was appointed ®Plenary ^ Limited Guardian of the Estate by Decree of J. Wesley Oler, Jr. J dated June 10, 2009 © A. This is the Annual Report for the period from June 10 _2009 to March 31 2 1~1 _ (the "Report Period"); or B. This is the Final Report for the period from ,_ to (the "Report Period"), and i:s filed for the following reason: 1. The death of the Incapacitated Person. Date of death: Name of Personal Representative: 2. The Guardianship was terminated by the Court by Decree of I., dated ', ``'~ ~:..- ~:.. ... - :-n :`~'~, Form G-02 rev, 10.13.06 Page 1 of 5 Estate of Georgia D. Johnstone An Incapacitated Person II. SUMMARY A. State the value of the estate reported on the Inventory $ 717,670.63 B. State the value(s) of principal assets at the beginning of the Report Period. (Same as Inventory if first Report, otherwise, ending balance from last Report.) $ 717,670.63 C. What is the total amount of income earned during the Report Period? $ 16,564.09 D. What is the total amount of income and principal spent for all purposes during the Report Period? $ 160,520.09 E. What are the balances remaining at the end of the Report Period? 1. Principal $ 645,481.27 2. Income $ 3. Total of Principal and Income $ 645,481.27 III. ADDITIONAL INFORMATION (If more space is needed, please attach additional pages.) A. Principal 1. How is the principal balance listed above currently invested? (Please specify, e.g., real estate, certificates of deposit, restricted bank accounts, etc.): Orrstown Bank 50+ Checking Account #14600716 Orrstown Bank Money Market Account #146001724 Fidelity Investments Brokerage Account #671-863351 Fidelity Investments Traditional IRA Account #671-921203 2. Have there been any expenditures ftom the principal during the Report Period? ............................ (~ Yes [] No If yes: a. Have all expenditures from the principal been for the sole benefit of the Incapacitated Person? ........ ®Yes ~ No Form G-02 rev. 10.13.06 Page 2. of 5 Estate of Georgia D. Johnstone An Incapacitated Person b. List purpose and amount of expenditures: Nursing Home Facility $ 85,934.90 Personal Care/Medical $ 65,513.74 Health Insurance $ 2,479.00 Prescriptions $ 1445.18 Supplies/Clothing 960.96 c. Was Court approval received prior to expending the principal? ....................... ^ Yes ©No 3. Were additional principal assets received during the Report Period which were not included in the Inventory or a prior Report filed for the Estate? ........... Q Yes ®No If yes: a. Was Court approval requested prior to receiving the additional principal? ................ ^ Ye;s 0 No b. State the sources and amounts of the additional principal received: B. Income 1. State sources and amounts of income received during the Report Period (e.g., Social Security, pension, rents, etc.): Social Security Benefits $ 9,470.30 Fidelity Investments Brokerage Account $ b,915.47 Orrstown Bank Money Market Account $ 178.32 Total income received during Report Period: $ 16,564.09 Form G-02 rev. 10.13.06 Page 3 of 5 Estate of Georgia D. Johnstone An Incapacitated Person 2. How is income currently invested? (Please specify, e.g., restricted bank accounts, client care account, etc.): Orrstown Bank 50+ Checking Account #14600716 Orrstown Bank Money Market Account #146001724 Fidelity Investments Brokerage Account #671-863351 Fidelity Investments Traditional IRA Account #671-921203 C. Expenses for Care and Maintenance Specify what expenditures were made from the principal and income for the care and maintenance of the Incapacitated Person (e.g., clothing, nursing home, medicine, support, etc.): Nursing Home Facility $ 85,934.90 Personal Care/Medical 65,513.74 Health Insurance 2,479.00 Prescriptions 1,445.18 Supplies/Clothing 960.96 D. Other Expenditures Specify what other expenditures were made during the Report Period. (Do not include any items stated in response to question C above.) E. Guardian's Commissions List amounts of compensation paid as Guardian's commission and state how amount was determined: Amount Court Method of Determination Approval Obtained 912.50 Hourly ^ Yes [Z] No ^ Yes ['J No Form G-O2 rev. 10./3.06 Page 4 of 5 Estate of Georgia D. Johnstone , An Incapacitated Person F. Counsel Fee List amounts paid as counsel fee, and indicate whether Court approval was obtained. Court Amount Approval Obtained 2 873.81 ~ Yes m No Yes ~ No I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this Verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn falsification to authorities. `'~~ 13, ~ o I ( ' Date ~ _ Signature Gua ian ojthe Estate '-- Gary J. Muccio Name ojGuardian ojthe Estate (type or print) 6 Derbyshire Drive Address Carlisle, PA 17015-9259 City, State, Zip Telephone Form G-01 rev. 1013.06 Page S of 5 ANNUAL REPORT OF GUARDIAN OF THE ESTATE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Estate of Georgia D. Johnstone an Incapacitated Person No. 21-09-00377 I. INTRODUCTION Gary J. Muccio was appointed ®Plenary ~ Limited Guardian of the Estate by Decree of J• Wesley Oler, Jr. _ J dated June 10, 2009 A. This is the Annual Report for the period from April 1 2011 to March 31 2012 (the "Report Period"); or 0 B. This is the Final Report for the period from to (the "Report Period"), and is filed for the following reason: 1. The death of the Incapacitated Person. Date of death: Name of Personal Representative: 2. The Guardianship was terminated by the Court by Decree of J., dated Form G-02 rev. 10.13.06 Page 1 of 5 Estate of Georgia D. Johnstone , An Incapacitated Person II. SUMMARY A. State the value of the estate reported on the Inventory B. State the value(s) of principal assets at the beginning of the Report Period. (Same as Inventory if first Report, otherwise, ending balance from last Report.) C. What is the total amount of income earned during the Report Period? D. What is the total amount of income and principal spent for all purposes during the Report Period? $ '717,670.63 $ 645,481.27 $ 17,373.30 $ 193,161.76 E. What are the balances remaining at the end of the Report Period? 1. Principal $ 465,171.29 2. Income $ 3. Total of Principal and Income $ III. ADDITIONAL INFORMATION (If more space is needed, please attach additional pages.) A. Principal 1. How is the principal balance listed above currently invested? (Please specify, e.g., real estate, certificates of deposit, restricted bank accounts, etc.): Orrstown Bank 50+ Checking Account #14600716 Orrstown Bank Money Market Account #146001724 SIPCO Investments Brokerage Account #671-863351 Fidelity Investments Traditional IRA Account #671-921203 465,171.29 2. Have there been any expenditures from the principal during the Report Period? ............................ ~ Yes; ~ No If yes: a. Have all expenditures from the principal been for the sole benefit of the Incapacitated Person? ........ 0 Yes ~ No Form G-02 rev. 10. /3.06 Page 2 of 5 Estate of Georgia D. Johnstone , An Incapacitated Person b. List purpose and amount of expenditures: Nursing Home Facility $ 119,622.71 Personal Care $ 62,097.06 Health Insurance $ 2,960.96 Prescriptions/Medical ~ 1,395.29 Supplies/Clothing 1,630.74 c. Was Court approval received prior to expending the principal? ....................... ~ Y'es ~ No 3. Were additional principal assets received during the Report Period which were not included in the Inventory or a prior Report filed for the Estate? ........... ~ Yes ~ No If yes: a. Was Court approval requested prior to receiving the additional principal? ................ ^ Yes ^ No b. State the sources and amounts of the additional principal received: B. Income 1. State sources and amounts of income received during the Report Period (e.g., Social Security, pension, rents, etc.): Social Security Benefits SIPCO Investments Brokerage Account Urrstown Bank Accounts Fidelity IRA distribution Total income received during Report Period: Form G-02 rev. 10.13.06 $ 11,098.80 $ 4,470.05 $ 70.01 $ 1,734.44 $ 17,373.30 Page 3 of 5 Estate of Georgia D. Johnstone An Incapacitated Person 2. How is income currently invested? (Please specify, e.g., restricted bank accounts, client care account, etc.): Orrstown Bank 50+ Checking Account #14600716 Orrstown Bank Money Market Account #146001724 SIPCO Investments Brokerage Account #671-863351 Fidelity Investments Traditional IRA Account #671-921203 C. Expenses for Care and Maintenance Specify what expenditures were made from the principal and income for the care and maintenance of the Incapacitated Person (e.g., clothing, nursing home, medicine, support, etc.): Nursing Home Facility $ 119,622.71 Personal Care 62,097.06 Health Insurance 2,960.96 Prescriptions/Medical 1,395.29 Supplies/Clothing 1 630.74 Laundry Service 200.00 D. Other Expenditures Specify what other expenditures were made during the Report Period. (Do not include any items stated in response to question C above.) CPA -Tax Preparation Fee $ 195.00 Bond Premium 2,110.00 Income Tax 56.00 Administration Expenses t 4 nn E. Guardian's Commissions List amounts of compensation paid as Guardian's commission and state how amount was determined: Amount Method ofDetermination Court Approval O~htained 1,675.00 Hourly (a~ ra.te/hour Q Yes ~ No Yes [~ No Form G-01 rev. 10.13.06 Page 4 of 5 .~ Estate of Georgia D. Johnstone An Incapacitated Person F. Counsel Fee List amounts paid as counsel fee, and indicate whether Court approval was obtained. Amount Court Approval Gbtained 1 200.00 ~ Yes ~ No 0 Yes ~ No I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this Verification is subject to the penalties of 18 Pa.C.S. § 4904 relative to unsworn falsification to authorities. ~- Date Signs re ofGu rdian the Estate Gary J. Muccio Form G-01 rev. 10.13.06 tvame ojGuardian of the Estote (type or print) 6 Derbyshire Drive Address Carlisle, PA 17015-9259 City, State, Zip 717.385.0507 Telephone Page 5 of 5