The URL can be used to link to this page

Home My WebLink About04-12-13 No V. Otto 11I, Esquire MARTSON LAW OFFICES I.D. 27763 RECD ;:y 10 East High Street Carlisle, PA 17013 In (717) 243-3341 Attorneys for Joan Schrader IN RE: JOAN SCHRADER, IN THE COURT AMY;k M'ON ftkm OF an Incapacitated Person CUMBERLAND NNR YLVANIA ORPHANS' COURT DIVISION NO. 2013-168 PETITION OF JOAN SCHRADER TO AMEND ORDER OF FEBRUARY 27, 2013, AND TO ENTER STIPULATED ORDER AND NOW, comes Joan Schrader, by and through her attorneys, MARTSON LAW OFFICES, and files this Petition: 1. On February 27, 2013, this Honorable Court entered an Order (the "Order") appointing No V. Otto III as counsel to Petitioner,continuing the matter generally and freezing the accounts, funds and other financial holdings of Petitioner, for any purpose other than the payment of medical and rehabilitation facility bills, and water and trash bills for the home owned by Joan Schrader, an incapacitated person. A copy of the February 27, 2013, Order is attached hereto and marked as Exhibit "A." 2. At the time of the entry of the Order, Petitioner was in the care of Forest Park Health Center, but has since been discharged to her home at 508 Cocklin Street, Mechanicsburg, Pennsylvania, where she resides. 3. Since the discharge to her home, Petitioner has benefitted from the advancement of funds from her friend, Gary Fisher, for the payment of household and day-to-day living expenses in the amount of some $4,000.00. 4. Petitioner has ongoing financial needs amounting to some $1,500.00 per month for day to day living expenses, including, inter alia, food, clothing and utilities. 5. Petitioner has Federal and Pennsylvania income tax liabilities for 2012 of some $39,057.00 due April 15, 2013, as well as quarterly estimated payments for 2013 Federal and Pennsylvania income taxes of$11,750.00, the first of which is due April 15, 2013. 6. Petitioner has incurred accounting fees of$1,925.00 to Kelly Financial. WHEREFORE, Petitioner respectfully requests Your Honorable Court to modify paragraph 3 of the Order of February 27, 2013, to provide as follows: All accounts, funds and other financial holdings of Joan Schrader shall remain frozen, and any power of attorney now existing shall continue to be ineffective until further Order of this Court, except that Merrill Lynch Wealth Management, Bank of America Corporation, ("Merrill Lynch") is directed to pay from the account of Joan Schrader, Account Number ending in the last four digits 5115 (the "Account"): a. 2012 income tax liabilities of$39,057.00; b. 2013 estimated tax payments of$11,750.00 due April 15, 2013; C. Reimbursement to Gary Fisher in the amount of$4,000.00; d. Accounting fees to Kelly Financial in the amount of$1,925.00; e. All medical and rehabilitation facility bills for services rendered to Joan Schrader that are not the responsibility of Medicare or other health insurance available to Joan Schrader; and g. Real estate taxes, insurance, utilities (electricity, telephone, cable television, water and sewer), as well as maintenance expenses for the real property of Joan Schrader at 508 Cocklin Street, Mechanicsburg, Pennsylvania. In addition to the foregoing, Merrill Lynch is directed to make immediately available to Joan Schrader, for her unrestricted use, the sum of$1,500.00 within a certain Bank of America checking account,jointly titled in the name of Petitioner and Gary Fisher with an account number ending in the last four digits 7819. Thereafter the sum of$1,500.00 per month shall be placed in such account commencing May 1, 2013, likewise for her unrestricted use, until such time as the parties have resolved the matter by agreement or further Order of the Court. Further, Petitioner respectfully requests the Court direct that, in the absence of an agreement of the parties evidenced by settlement documents submitted to the Court on or before May 15, 2013, any party may request the scheduling of a hearing. MARTSON LAW OFFICES By No V. Otto III, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: April 12, 2013 Attorneys for Joan Schrader IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JOAN SCHRADER, ORPHANS' COURT DIVISION an Incapacitated Person NO. 2013-168 ORDER AND NOW, this day of February, 2013, the Court enters the following Order: 1. No V. Otto, III, Esquire, is appointed as counsel for Joan Schrader. 2. In order to provide Mr. Otto with a sufficient opportunity to meet with Joan Schrader and take any other steps he deems necessary to her representation, and further, in order to give the parties sufficient time thereafter to finalize settlement documents and present them to the Court for approval, the hearing on the Petition for Permanent Guardianship scheduled for March 5, 2013 is continued. 3. All accounts, funds and other financial holdings of Joan Schrader shall remain frozen, and any power of attorney now existing shall continue to be ineffective until further Order of this Court, except that medical and rehabilitation facility bills for services rendered to Joan Schrader that are not the responsibility of Medicare or other health insurance available to Joan Schrader may be paid by Merrill Lynch Wealth Management, Bank of American Corporation, from account of Joan Schrader, Account Number ending in the last four digits 0680. ,_Merrill Lerch shall also be authorized to pay water and trash bills for the home .,Dwned b.y J&an Schrader from said account. Cn CD W n:: - - A 4. The parties are directed to provide the Court with a status report on the progress of settlement negotiations on March 22, 2013. BY THE COURT: J. Thomas A. Pl cey Common Pleas Judge -2 - CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy& Faller, hereby certify that a copy of the foregoing Petition of Joan Schrader to Amend Order of February 27,2013,and to Enter Stipulated Order was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Thomas A. French, Esquire RHOADS & SINON, LLP One South Market Street P.O. Box 1146 Harrisburg, PA 17108 Thomas P. Gacki, Esquire ECKERT SEAMANS CHERIN & MELLOTT, LLC 213 Market Street, 8th Floor Harrisburg, PA 17101 Leslie Miller Greenspan, Esquire STRADLEY RONON STEVENS & YOUNG, LLP 2005 Market Street, Suite 2600 Philadelphia, PA 19103 MARTSON LAW OFFICES " By ricia . Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: April 12, 2013 F:\FILES\Clients\15121 Schrader\15121.I.Consent and]oinderTetition to Modify Otder.Stradley.Merrill—pd IN RE: JOAN SCHRADER, IN THE COURT OF COMMON PLEAS OF an Incapacitated Person CUMBERLAND COUNTY PENNSYLVANIA ORPHANS= COURT DIVISION NO. 2013-168 CONSENT AND JOINDER PETITION OF JOAN SCHRADER TO AMEND ORDER OF FEBRUARY 27,2013, AND TO ENTER STIPULATED ORDER Merrill Lynch Wealth Management, Bank of America Corporation, by and through its attorneys, Stradley Ronon,joins in the within Petition and consent to the entry of the Stipulated Order. STRADL Y RONON By Leslie Miller Greenspan, 9squire 9, 2005 Market Street, Suite 2600 Philadelphia, PA 19103 215.564.8000 Attorneys for Merrill Lynch Wealth Management, Bank of America Corporation Date: April 12, 2013 IN RE: JOAN SCHRADER, IN THE COURT OF COMMON PLEAS OF an Incapacitated Person CUMBERLAND COUNTY PENNSYLVANIA ORPHANS= COURT DIVISION NO. 2013-168 CONSENT AND JOINDER PETITION OF JOAN SCHRADER TO AMEND ORDER OF FEBRUARY 27,2013, AND TO ENTER STIPULATED ORDER Gary Fisher,by and through his attorneys, Eckert Seamans,joins in the within Petition and consent to the entry of the Stipulated Order. ECKERT $ZAMANSi f - i" i By, a Thomas P. Gacki, Esquire 213 Market Street, 8th Floor Harrisburg, PA 17101 717.237.6000 Attorneys for Gary Fisher Date: ' IN RE: JOAN SCHRADER, IN THE COURT OF COMMON PLEAS OF an Incapacitated Person CUMBERLAND COUNTY PENNSYLVANIA ORPHANS= COURT DIVISION NO. 2013-168 CONSENT AND JOINDER PETITION OF JOAN SCHRADER TO AMEND ORDER OF FEBRUARY 27,2013, AND TO ENTER STIPULATED ORDER Frederick A. Schrader, Peter Schrader, David Schrader, and Andrew Schrader, by and through their attorneys, RHOADS & SINON LLP join in the within Petition and consent to the entry of the Stipulated Order. RHOADS & SINON, LLP By_ Jilli . Golden, Esquire Tho s A. French, Esquire One South Market Square, 12th Floor P.O. Box 1146 Harrisburg,PA 17108-1146 717.862.4534 Attorneys for Frederick A. Schrader, Peter Schrader, David Schrader and Andrew Schrader Date: 7/��a�/- -