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Home My WebLink About03-20-13 G'> -' .. C w M M M .., John B. Zonarich, Esquire r- Email: jbz @skarlatoszonarich.com .' � c Identification No. 79989 ' ' 4 C Elizabeth B. Place, Esquire Email: ebp @skarlatoszonarich.com :. twr �_.- Identifcation No. 44682 co Skarlatos Zonarich LLC Skarlatos & Zonarich Building 17 South Second Street, 6t" Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233 - 1000 Attorneys for Petitioner, Gloria J. Banks, Guardian of Inez H. Davis, an Incapacitated Person COURT OF COMMON PLEAS ESTATE OF INEZ H. DAVIS, CUMBERLAND COUNTY, An Incapacitated Person. PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. 21-07-0200 MOTION FOR THE ENTRY OF AN ORDER ALLOWING DISTRIBUTION OF PRINCIPAL OF INCAPACITATED PERSON AND NOW, comes Inez H. Davis, an Incapacitated Person, by her daughter and guardian, Gloria J. Banks, by and through her counsel, SkarlatosZonarich LLC, and files the within Motion for the Entry of an Order Allowing Distribution Of Principal Of Incapacitated Person, and in support thereof avers as follows: 1. On January 15, 2013, Petitioner Gloria J. Banks, Guardian of Inez H. Davis, an Incapacitated Person, filed a Petition for Allowance of Distribution of Principal of an Incapacitated Person. 2. By Order dated January 28, 2013, the Honorable Christylee L. Peck issued a Rule upon Carolyn A. Henderson, Elsie L. Baker, Katheryn L. Alvarez, Donald Ray Davis, and Michael W Anthony Davis to show cause why the relief requested should not be granted; the Rule was returnable within 30 days of service. 3. On February 15, 2013, Certificates of Consent were filed in which each of the individuals listed in paragraph two above consented to the Petition for Allowance for Distribution; no objections have been filed in response to the Rule. 4. By correspondence dated February 5, 2013, Counsel for the Pennsylvania Department of Public Welfare, Addie A. Abelson, Esquire, notified the Court that the Department of Public Welfare had reviewed the Petition for Allowance of Distribution of Principal and had no objections to the transfer of assets as described. A copy of the February 5, 2013 correspondence is attached as Exhibit"A". 5. Petitioner seeks the entry of an Order allowing the distribution as described therein so that the Incapacitated Person can receive the services and supplies that will enhance her quality of life as soon as possible. A copy of the proposed order is attached hereto as Exhibit"B". Wherefore it is respectfully requested that this Honorable Court enter an Order authorizing the distribution of principal of the incapacitated person as described in the attached Order. Respectfully submitted, SKARLATOSZONARICH LLC Dated: March 20 , 2013 By: - Jopo. Zonarich, Esquire, Id tification No. 79989 Elizabeth B. Place Identification No. 44682 Skarlatos & Zonarich Building 17 South Second Street, 6t" Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233 — 1000 Facsimile: (717) 233 —6740 Email.jbz@skarlatoszonarich.com ebp@skarlatoszonarich.com Attorneys for Petitioner EXHIBIT "A" ! COMMONWEALTH OF PENNSYLVANIA GOVERNOR'S OFFICE OF GENERAL COUNSEL February 5, 2013 Via First Class Mail Cumberland County Courthouse Register of Wills Office &Clerk of Orphans' Court 1 Courthouse Square Carlisle, PA 17013 Re: Petition for Allowance of Distribution of Principal of Incapacitated Person,Inez Davis O.C.NO. 21-07-0200 To Whom It May Concern: The Department of Public Welfare has reviewed this Petition, filed on January 15, 2013, for Allowance of Distribution of Principal of Incapacitated Person, Inez Davis, and has no objections to the transfer of assets as described. Should you have any additional questions, please feel free to contact me directly, either by mail or telephone at(717) 783-2800. Respectfully yours., Addie A. Abelson Assistant Counsel Governor's Office of General Counsel 3rd Fl West, Health &Welfare Bldg. 625 Forster Street .Harrisburg, Pa 17120 (717) 783-2800 AAA Cc: (Elizabeth B. Place, Esq. via 15t class mail) OFFICE OF CHIEF COUNSEL DEPARTMENT OF PUBLIC WELFARE 3'•:'FL, WEST, HEALTH,&WELFARE BLDG. 1 7`^Bc FbRSTER STREETS ( HARRISBURG, PA 17120 Ph: 717-783-2800 1 Fx:•717-772-0717 1%ww,.dpw,state.oa us �� ; t� �- � =f s� • ��& ' Wn T � M COURT OF COMMON PLEAS ESTATE OF INEZ H. DAVIS, : CUMBERLAND COUNTY, An Incapacitated Person. : PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. 21-07-0200 DECREE AND NOW, this day of , 2013, upon consideration of the Petition for Allowance of Distribution of Principal of an Incapacitated Person, it is hereby ORDERED and DECREED that Gloria J. Banks, plenary guardian of the estate and person of her mother, Inez H. Davis, is authorized to spend from the proceeds from settlement in the matter of Gloria J. Banks, Guardian of Inez H. Davis v. GGNC Camp Hill West Shore, LP, et. al., docketed in the Cumberland County Court of Common Pleas at Civil Action No. 10-924, for the benefit of the Incapacitated Person (to the extent medical insurance is not available and plus taxes and shipping cost as necessary) as follows: Hearing Aides $ 93083.00 Dentures $ 2,816.00 Cataract Surgery $ 4,200.00 Wheelchair-Invacare Solara $ 6,549.00 Wheelchair—for Petitioner's home $ 800.00 Lift chair—UltraLift(2) $ 1,985.38 Active Passive PRO LowerBody Exerciser $ 7,575.00 Miscellaneous Support, Rehabilitative and Therapeutic $ 2,436.46 Items Clothing and accessories $ 2,000.00 Sneakers (3 pair nonskid) $ 300.00 Shoes (3 pair Orthopedic) $ 435.00 Refrigerator/Freezer $ 800.64 Television $ 1,179.97 CD/Tape Player $ 186.00 Phone $ 121.20 Burial Plot $ 3,000.00 Irrevocable Burial $10,000.00 (or as approved by Dauphin County Office of Assistance) Golden Living Nursing Home $ 1,819.21 Jewish Home $ 55.00 Michael Davis—reimbursement for medical records $ 650.00 duplication It is hereby ORDERED and DECREED that Gloria J. Banks, plenary guardian of the estate and person of her mother, Inez H. Davis, an Incapacitated Person, is authorized to pay to Gloria Banks,the Incapacitated Person's disabled daughter, the sum of$62,637.30 to be applied toward the purchase,maintenance and insurance of a handicap accessible vehicle; $18,135.00 for renovations to make her home handicapped accessible; and $22,550 representing a portion of amounts Petitioner spent for the care of the Incapacitated Person since her incapacity. IT IS FURTHER ORDERED and DECREED that Gloria J. Banks,plenary guardian of the estate and person of her mother, Inez H. Davis, an Incapacitated Person, is authorized to pay from principal the sum of$21,986.15 (inclusive of costs) to SkarlatosZonarich LLC for legal services provided to the Incapacitated Person and $795.00 to Rhoads & Sinon, LLP. -2 - s IT IS FURTHER ORDERED and DECREED that Gloria J. Banks, plenary guardian of the estate and person of her mother, Inez H. Davis, an Incapacitated Person, is authorized to distribute the Incapacitated Person's principal remaining after the above distributions have been made, less $8,000, to Special Needs Trusts for the sole benefit of her disabled children, Elsie L. Baker, Carolyn A. Henderson and Gloria J. Banks, said distribution to be divided twenty-five (25%)percent in trust to Elsie L. Baker, twenty-five (25%)percent in trust to Carolyn A. Henderson and fifty (50%) in trust to Gloria J. Banks. IT IS FURTHER ORDERED and DECREED that Gloria J. Banks, plenary guardian of the estate and person of her mother, Inez H. Davis, an Incapacitated Person, is authorized to spend up to $125.00 per month from principal of the Incapacitated Person for miscellaneous personal expenses of the Incapacitated Person. BY THE COURT: J. ORPHANS' COURT DIVISION Distribution: Elizabeth B. Place,Esq.,SkarlatosZonarich LLC, 17 South Second Street, 6"'Floor, Harrisburg, Pa 17101 Lisa B. Dees, Esq.,Office of Chief Counsel, Department of Public Welfare,3 d Floor West, Health&Welfare Building,7th and Forster Streets,Harrisburg,PA 17120 - 3 - CERTIFICATE OF SERVICE I, Jatoya Dayton, an employee with the law firm of SkarlatosZonarich LLC, hereby certify that I this day served a copy of the foregoing MOTION FOR THE ENTRY OF AN ORDER ALLOWING DISTRIBUTION OF PRINCIPAL OF INCAPACITATED PERSON upon the person(s) indicated below by United States Mail, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: Gloria J. Banks Donald Ray Davis 5776 Catherine St. 927 Cabrera Harrisburg, PA 17112 San Bernadino, CA 92411 Carolyn A. Henderson Michael Anthony Davis 16838 Ceres Ave., Apt. 106 22015 Cherokee Rd. Fontana, CA 92335 Apple Valley, CA 92376 Elsie L. Baker Katheryn L. Alvarez 7367 Central Ave., #152 1933 Lenox St. Highland, CA 92346 Harrisburg, PA 17104 Addie A Abelson, Esq. Office of Chief Counsel Department of Public Welfare 3rd Floor West, Health & Welfare Building 7th and Forster Streets Harrisburg, PA 17120 11 40)1 A Date:-312.b , 2013 I Jatoy Drayton Legal Assistant