HomeMy WebLinkAbout05-07-13 ' RECO�i�?iU� ��FI^E OF
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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
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