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Home My WebLink About09-13-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: GERDA G. DREWS, an incapacitated person No.: 21-12-492 n ~ ~- -,. ~~'~~ ~"+ i1~~ i::? y ~~ -._ ~~ ~,. _ ~..J'~r `. ~ .. ~~.: . .--~~ ~- . -; - _- . _ , ~,, .., _~: =~ . ~..r1 ~ ~ .. i' PETITION TO INVADE PRINCIPAL ~ .. .~.~~ c-~ t_ ~ " . .. .~ . {^ TO THE HONORABLE, THE JUDGES OF SAID COURT: ~ ~` J -: AND NOW, this 12th day of September 2012, comes the Petitioner, Neighborhood Services of Lancaster, Inc., by and through its attorney, Julie M. Cooper, Esquire and Gingrich, Smith, Klingensmith & Dolan, and brings the within Petition to Invade Principal and in support thereof avers as follows: 1. Your Petitioner is Neighborhood Services of Lancaster, Inc., a community service organization located in Lancaster County, Pennsylvania, responsible for, inter alia, providing numerous and various services to adults, age sixty (60) and older, including but not limited to the protective service guardianship program with its principal office located at 134 South Prince Street, Lancaster, Pennsylvania. 2. By Order of Court dated June 12, 2012, this Honorable Court adjudicated Gerda G. Drews to be an incapacitated person and appointed Neighborhood Services of Lancaster, Inc., as plenary guardian of her estate and person. A true and correct copy of said Order is attached hereto and marked as Exhibit "A." 3. The remaining assets in Gerda G. Drew's estate consist of Six Thousand Four Hundred Fourteen and 03/100 ($6,414.03) Dollars in her custodial account and approximately Six Hundred Sixty ($660.00) Dollars in her resident fund. 4. The incapacitated person's income consists of a monthly social security payment in the amount of One Thousand Three Hundred Thirty-one and 90/100 ($1,331.90) Dollars and a monthly German Pension payment in the amount of Three Hundred Fifty-one and 59/100 ($351.59) Dollars. 5. The incapacitated person resides at Golden Living Center, in their skilled nursing facility, and their average monthly bill is approximately One Thousand Four Hundred Thirty-eight and 59/100 ($1,438.59) Dollars. 6. Regular additional monthly bills include a personal needs allowance ofForty-five and 00/100 ($45.00) Dollars, a monthly charge of Ninety-nine and 90/100 ($99.90) Dollars deducted from her Social Security benefits, and the Guardianship fee of One Hundred and 00/100 ($100.00) Dollars. In addition, she has infrequent annual needs, that come up from time to time. 7. The incapacitated person received a retroactive payment of her pension monies in the amount of Five Thousand Four Hundred Sixty-nine and 55/100 ($5,469.55) Dollars. 8. Golden Living Center has been applying the Social Security payments to her monthly fee. At the time of the preparation of this Petition, the outstanding balance owed to Golden Living Center is One Thousand Eight Hundred Fifty-one and 68/100 (1,851.68) Dollars. 9. Petitioner is proposing spending the lump sum payment of Five Thousand Four Hundred Sixty-nine and 55/100 $5,469.55) Dollars along with the two subsequent German pension payments totaling $703.18 to satisfy the balance due to Golden Living Center and to purchase a burial fund for her with any remaining monies to be used toward her daily personal living needs. 10. Petitioner is requesting the Court approve continuing to use the monthly amount of the German pension, currently Three Hundred Fifty-one and 59/100 ($351.59), towards her living expenses at the nursing home. WHEREFORE, Petitioner respectfully requests this Honorable Court grant leave for the guardian to apply the retroactive bulk pension payment toward the Golden Living Center invoice, and to purchase a burial, and to continue using the regular monthly payments from the German pension toward the incapacitated person's daily living expenses. Respectfully submitted, GINGRICH, SMITH, KLINGENSMITH & DOLAN a l~l Date: 9/12/12 Julie M. oper, Esquire LD.#81.2 Attorney for Petitioner 222 South Market Street, Suite 201 Elizabethtown, PA 17022 (717) 367-1370 V~II~ ~~'2~$ ~'l~' S~c`I.~~II'l~t~~~ ~~t~~ I~ ~1"l1S P`~'~l~~t)t~ ~~ It~'t~c'iC~+~ P~'I~'1~~3a~ a~~ ~t'U~ c#t1t~ ct3l'i'~~~, ~~nderstand ~h~.t f~~~e sta~cr~~cn~~ herein are rr~ade subject tc~ tic penal~cs of 1 ~ ~'~. ~.5. Sccticn ~9 relating ~~ ut~s~c~~ fa.lsifzcat~~~ fo .ut~arities. .-.- '~ ~ ~ ~ ~~, late: ~ l ~ ~ ~/ ~~t--~_.~ ~ ~~ \ I rri~n 'it~er ~ascwQrl~er l'~r ~ex~hl~r~rhQacl Services ~~' Lancaster, Inc.. v, ..,n , .~. , Julie Coo er - s end ension etition info DREG.PDF -~ ~ Pa e 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .,,, ORPHANS' COURT DIVISION c U _ ~, _ -~- ~. O.C.NO. ~~-~~ ~ ~~~~ ~~ _._ +~ 11.1 ~~ ~ is '~ ESTATE OF GERDA G. DREWS, ~ : - ~- x r~ ~~ AN ALLEGED INCAPACITATED PERSON c ~ ~ pc~, ~ ~' . ~_ . ~ ~ ' FINAL DECREE ~n o ~ AND NOW, this ~2 da ~ ofe~- 202- based u on the evidence received a~,d 5 .__ -, p the record, this Court finds, by clear and convincing evidence that Gerda G. Drews is adjudged a totally incapacitated person. The Court finds that Gerda G. Drews suffers from dementia, a condition which totally impairs her capacity to receive and evaluate information effectively and to make and communicate decisions concerning management of her financial affairs or to meet essential requirements for her physical health and safety. Neighborhood Services of Lancaster is hereby appointed Plenary Permanent Guardian of the PERSON of Gerda G. Drews. The Guardian of the PERSON shall file a Report on the social, medical and other relevant conditions as required by 20 Pa.C.S.A. § 5521(c)(ii) within the first twelve months of theix appointment and annually L'~ereafter. Neighborhood Services of Lancaster is hereby appointed Plenary Permanent Guardian of the ESTATE of Gerda G. Drews. Bond is waived. The Guardian of the ESTATE shall file an inventory within three months of this decree of the incapacitated perspn's real and personal property, pursuant to 20 Pa.C.S.A. § 5521(b). In addition, the Guardian of the !ESTATE shall file a report within the first twelve months of their appointment and at least annually thereafter, containing the information required in 20 Pa.C.S.A. § 5521{c)(1)(i). EXHIBIT -~ ~~Ai~ .,,.:..~ ~ .. _. , :: ,Y, ~,:., ~~ ~., ~. ~~ . .u. , . .:.~.~ ~.: ..,.M :, , . Julie Coo er - s end ension etition info DREG.PDF ~ ~~+'~ ~ tlPa e 2 ~. J 3 r Neither the Guardian of the PERSON nor the Guardian of the ESTATE shall have authority to enter a safety deposit box in the name of Gerdy G. Drews (individually or jointly) without written Court authorization. ' ~ The Guardian of the PERSON shall have authority and responsibility to decide where Ger+ja G. Drews shall live and how meals, personal care, transportation and recreation will be provided. The Guardian of the PERSON shall also have the authorit to authorize and consent to medic Y al treatment / t vt Gt,ccmr~Qc~,,~cL and surgical procedures necessary for the well-being of Gerda G. Drews! The Guardian o f the cv~ PERSON and the. Guardian of the ESTATE shall cooperate to prepare a budget to cover the cast of providing the aforementioned services to the person of Gerda G. Drews. The Guardian of the ESTATE shall have authority and responsibility to manage and us~~ the incapacitated person's property for her benefit in accordance with 20 Pa.C.S.A. § 5536(a). The Guardian of the ESTATE is permitted to spend INCOME for the incapacitated person without the Court's written approval. en s-€et~ s ~ncapaci a e perso - If' the incapacitated person qualifies for Medical Assistance benefits, Neighborhood Services of Lancaster shall be entitled to $100.00 per month or other amount established by the Commonwealth. Neighborhood Services of Lancaster having now been appointed Guardian of the ESTATE of Gerdy G. Drews, and having determined it appropriate to exercise the authority granted under 20 Pa. C.S.A. § 5604(c)(1) of the PEF Code to rescind any and all durable powers of attorney heretofore executed by the incapacitated person, said power(s) are hereby deemed to be null and void. Court-appointed counsel shall be entitled to reasonable fees for services provided. ;iuch services shall be paid by Gerdy G. Drews' estate- If there are insufficient funds in Gerdy G. Dr+~ws' estate to pay Court-appointed counsel's fees, such fees shall be paid by Cumberland County. Julie Coo er - s end ension etition info DREG.PDF Pa e 3 The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa.C.S.A. § 5512.1. 1 k.e_ ~v?~rcQ.c-~ rv G~ c v-e c~~ ~ -~' 2~eu.~,1' ~- ~t.~o c.~-e-c, a,~-~c,~ l ~-~- ~. ~ Swusar. ~ ~~c.t.. wvv~ ~-e~vtistu~, cv~^ ~vutis couc..~" ~x"~'~~ ~ ~~~. ~ ~~~or -~ CI',~,~4 (pu~Zvv~.. BY THE COURT: r. j~u~c~s A , PI.,,AC~