Loading...
HomeMy WebLinkAbout05-07-13 ' RECO�i�?iU� ��FI^E OF RcCI:,� :�:F2 0�= t:';' !..S IN THE MATTER . IN THE COURT OF C`(7M1tsION�LE:q[S�?l+�g GEORGIA D. JOHNSTONE, . CUMBERLAND COUNTY, P 1K�Y�..VANIA AN INCAPACITATEI) . ORPHAN5' C4URT DIV�S,, ;ft wi,�' f;,�'.i PERSON . Nt.1. 21-09-qp377 CUM:siRLF.:!'r Cp., F'q PETITION UNDER SECTIONS 5537 OF THE PROT3ATE ESTATES AND FIDUCIARIES CODE TO CREATE RESERVE FOR FUNERAL To The Honarable Judges of the Cumberland County Coixrt: Gary J. Muccio, Guardian of the estate of Georgia D. Johnstone, by and through his attarneys, McNees Wallace&Nurick, I�LC, files this petition to create reserve for funeral under Sectinns 5537 of the Pennsylvania Probate, Estates and Fiduciaries Code and represents that: l. Georgia D. Johnstone ("Ms. Johnstone")resides at Bethany Village, 5225 Wilson Lane,Mechanicsburg, Cumberland Caunty,Pennsylvania and has resided in such facility since March 22, 2009. 2. Ms. Johnstone suffers from severe dernentia, Alzheirner's type and as a result requires canstant care. 3. Cantemporaneously herewith, Petitioner filed a repart in accordance with the provisions of 20 Pa. C.S.A. § 5521. True and complete eopies of the annual report of the Guardian far the periad ending March 31,2013 is attached hereta as Exhibit A. 4. 'T"be InvenCory of the Guardianship Estate filed July 22, 20]0 showed an initial amount received by the Guardian of$71"7,670.63. 5. The current value af the Gaardianship Estate as of Mareh 31,2013, is $291,219.75. 6. Na portion of the incapacitated person's estate is derived from United States VetarAn's Administration. � 7. There is pxesently no provision for payment of the incapacitated persc�n`s funeral expenses. In view of the incapacitated person's physical and mental condition, it is likely that her estate will be exhausted by expenditures for her caze and maintanance, leaving no funds available for funeral expenses. 8. Based on discussians with funeral harne and burial facilities,the Petitioner balieves and therefore avers that the totai costs far the funeral and burial pf the incapacitatefl person wiii not exceed $12,000. 9. Upon grant of this petition, the Petitioner will comply with the provisions of§5537 in preserving the funds for such purposes. WHEREFORE,Petitioner respectfizlly requests tha#this Honorable Court to authorize Petitioner to create a burial fund from principal of$12,Q00 under the terms and conditions of 20 Pa. C.S.A. §553?. RESPECTFULLY SUBMITTED, McNees Wallace&Nurick LLC P. Mullaugh reme rt I.D.: 76397 100 Pine Stree P.O.Box 1166 Harrisburg,FA 1710& (717) 237-5243 Attorney for Petitioner Gary J. Muccio DAT�: May � , 2013 IN THE MATTER . IN THE COURT OF COMMON PLEAS OF GEORGIA D. JOHNSTONE, . CUMBERLAND COUNTY, PENNSYLVANIA AN INCAPACITATED . ORPHANS' COURT DIVISION PERSON . N0. 21-09-00377 VERIFICATION I, Gary J. Muccio, hereby verify that the facts contained in the foregoing Petition aze true and correct to the best of my knowledge, information and belieE I understand that false statements herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. G�� �rv�� Gy . u �o DATE: May � , 2013 ' ANNUAL REPQRT OF' GUARDIAN OF THE ESTATE CC7URT OF COMMON PLBAS OP Ci7MBERLANi? �p�r'I'y> PENNSYLVt1,NTA (JRPHANS' COURT DIVISION Estate of Genrgia D. Johnstone an Incapacitated Ferson hro, 21-d9-d0377 I. INTRf}DUCTIOlY Gary J. Muccio , was appointed �Plenary �I.imi#ed Gvardian af the Estate by Deciee af �� �esley Oier,Jr. J dated r�e 10, 2009 � A. This is the Annual Report for the period frorn April 1 2012 , t4 �Zarch 31 , 2di3 {the "Report Period"); or 0 B. This is the Final Report£or the period frorn , fo , (the "Report Period"}, and is filed for the follawing reason: 1. The death of the Incapacitated Person. Date of deaYh: Name of Personal Representative: 2. The Guardianship was terminated by the Court by Decree of J., dated Fo.m c-oz >ev.�o.�s.o6 Page 1 of 5 Estate of �eorgia l3. 3ohnstane An Tncapacitated Person II. SIJMMARY A. State the value of tlae estate reported an the Inventory $ 717,670.63 B. State the vaIue(s}of prineipal assets at the beginning af the Report Period. (Same as Invemory if first Repart, otherwise, ending balance from last Report.} $ 465,17L29 C. What is the total amount of income eamed during the Repart Period? $ 23,288.'72 D. What is the totaI amount of income and principal spent far all purposes during the Report Period? $ 18$,5'73.50 . E. What are the balances remaining at the end of the Report Period? 1. Principal � $ 291,219.75 2. Income $ 3. Total of Principa! and Income $ 2gr.zl9.�� III. ADDITIONAL INFCIIZMATION (If mar•e spczce is neerled,please att�cch additional pages.) A. Princi�al 1. Haw is the principai balanca lisfed above currently invested? (Please specify, e.g., reai estate, certificates of deposit, restricted bank accounts, etc.): Orrstown Bank 50+Checking Account# 146001716 Onstawn Banic Money Market Aceount#145001724 SIPCO Investments Brokerage Account#6�i-863351 fiidelity Tnvestments Tradirional IR?.Account#b71-921203 2. Have there been any expenditures fiam the grinoipai during the Report Period? . . . . . . . . . . . . . . . . . . . . :. . . . . . . [7�Yes 0 No If yes: a. F3ave atl expenditures from the principal been for the sole beneft of the Incapacitated Person? . . . . . . . . Q Yas 0 No Formc-oz .e�. �o.r3.o6 Page 2 af 5 ' Estate of �eorgia D. 7ohnstone , An Inoapacitated Ferson b. List purpose and amount of expenditures: Nursing Home Faciiiry $ 125,54&.33 Personal Caze $ 52,752.40 Health Insurance $ 5,217.98 PrescriptionslMedical $ 1,239.74 Supplies/Clothing 1,245.96 c. Was Court approval received prior to expending the principal? . . . . . . . . . . . . . . . . . . . . . . . �Yes m No 3. Were additianal principal assets received during the Report Period which were not included in the Inventary or a prior Repart filad for the Estate? . . . . . . . . . . . �Yes �No If yes: a. Was Court approval requested prior to receiving the additional principal? . . . . . . . . . . . . . . . . ❑ Yas ❑No b. State the saurces and amounts of the addi6onal principal reeeived: $ $ $ $ $ B. Income 1. State sources and amounts of income received during tlae Repart Period (e.g., Soeial Seeurity, pension,rents,etc.}: _ Soaial Sacurity Benefits $ 14,668.20 SIPCO Investments Bmkerage Account � 2,05326 Qrrstoum Bank Accounts $ 67.96 Fidelity LRA distributiott $ 6,288.�2 $ $ Total income received during Report Period: $ 23,078.i4 xorm c-oz ,�v.lo.ls.a� Page 3 0£5 Estate of Georgia D. Jahnstane An Incapacitate<i Persan 2. Haw is income cunentiy invested? {Please specify, e.g., restricted banl:accounts, ciient oare aceount,ete.}: Orrstawn Bank 50r Checking Account#:14b001716 Orrstown Bank Money Market Accnunt#146061724 SIPCO Investments Brokerage Account#671-863351 Fidelity Investments Traditianai II2A Account#671-421203 C. Expenses for Care and Maintenance Specify what expenditures were made from the priacipal and income for the care and maintenance of the Incapacitaied Person(e.g., clathing, nursing home, medicine, snppart, etc.}: Nursing Home Facility $ 125,508.33 Personal Care 52,752.40 Health Insurance 5,217.98 PreseriptionslMedical 1,239.74 Supplies/Clothing 1;24596 Laundry Service 100.00 D. Other Expenditures Specify what other expenditures were made during the Report Period. (Do not incIude any items stated in response to question C above.} CPA - Tax Preparatiax�Fee $ 195.04 Bond Premium 1,SQ1.04 E. Gnardian's Commissions List amounts of compensation paid as Guardian's conun3ssion and state how amount was deternvned: Court Amount Method ofDeterminc�tian Appraval Obtained 1,537.50 Hourly(a�rate/hour �Yes �No �Yes �No Form G-02 rev ID./3.06 �flge�Of Jr ' Estate of Georgia D. Johnstone , An Incapacitated Person �'. Coixnsel Fee I,ist amounts paid as counseI fee, and indicate whather Court approval was obtained. Court Amaunt Approval dbtazned 1,021.35 (�Yes m No �Yes �No I verify that the faregaing informatian is carrect to the best of my knowledge, infarmation and belief; and thatthis Verificatian zs subject ta the penalties af 18 Pa.C.S. § 4904 relative to unsworn faisification to authorities. 3 �`1a^-� � `�`�-��.C,�.� 17ate Signnture a ardi of the Estate Gary 7. Muccio Name of Guurdian of tfie Estpte(type or pr/nfj 6 Derbyshire Drive Rddress Carlisle,PA 17015-9259 City,Stare,Zrp �r�.�as.oso� retepAone �or,�c-oz .�v.�o.rs.a6 Page 5 of5