HomeMy WebLinkAbout05-07-13 (2) R�C�;;.;� 0;=�;^F. 4F
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IN THE MATTER . IN THE COURT,'Q�'�'I�VMl(�TO��I.��3jOF
GEORGIA D. JOHNSTONE, . CUMBERI.,AND COUNTY,PENNSYLVANiA
API AI.LEGED . 4RPHANS' C4URT DI��`�'� ��
INCAPACITATEDPERSON . N0. 21-09-Oq377 C�::�';",*�;`,• �; :"':''."
CU4�t�� � a ,,.; ,,!
PETITION UNDER SECTIONS 5515 AND 5123 OF THE PROBATE,
ESTATES AND FIDUCIARIES CODE TO DECREASE THE AMOUNT OF THE
FIllUCIARY BOND
To The Honorable Judges of the Cumberland Caunty Caurt:
Gary J. Muccia, Guardian of the estate of Georgia D. Johnstone, by and through his
attorneys, MeNees Wallace &Nurick, LLC, files this petition for a decrease in the arnount of
fiduciary bond under Sectians SS15 and 5123 ofthe Pennsylvania Prabate, Estates and
Fiduciaries Ccrde and represents that:
1. Georgia D. Johnstane{"Ms. 7ohnstone")resides at Bethany Village, 5225 Wilson
Lane, Mechanicsburg, Cumberland County, Pennsylvania and has resided in such facility since
March 22, 2d09.
2. Ms. Johnstone suffers from severe dernentia, Alzheimer's type and as a result
requires constant care.
3. In additian to the manthly costs ineurred as a result af Ms. Johnstone's residence at
Bethany Village, she is attended by privately employed caregivers to ensure her wall-being. The
total approximate monthly expense of Mrs. Johnstone's care is $I5,000. True and complete
capies of the annual reports of the Guardian far the periods ending March 31, 2012 and Mareh
31, 2013 are attached hereto as Exhibit A.
�
4. Petitioner filed a band with the Cumberland County Court of Common Pleas an
June 19, 2010, in the arnount of$1,000,000.00 on which the Ohio Casualty is sixrety. The
amount af the bond was based on an estimate of the total funds that the Guardian anticipated
receiving from the Conservatorship in California where Ms. Jahnstone had previously resided.
5. The InvenCory of the Guardianship Estate filed July 22, 2010 showed an initial
amaunt received by the Guardian of$717,670.63.
6. The current value of the Guardianship Estate as of Mazch 31, 2013, is $241,219.75.
7. The present outstanding bond of$465,171.29, is substaniially rnore than is needed
to suf�ciently protect the Guardianship F.state.
8. The Guardian desires to reduca tha cost of the bond to preserve the assets of the
Guardianship Estate for the care of Ms. Johnstone.
WHEREFORF, Petitioner respectfuliy requests that this Hanorab]e Court enters an
order to reduce the amount of the bond required to $291,219.75.
RESPECTFULLY SUBMITTBI},
McNees Wallace &Nurick LLC
----_.
. Mullaugh
Suprem Co . .� 6347
0 P' e Street �
P.O. $ox 1166
Harrisburg, PA 1710$
(717) 237-5243
Attarney for Petitianer t'iary J. Muccio
DATE: May � , 2413
� IN THE MATTEI2 . IN THE CdURT dF CC}MMON PLEAS OF
GE4RGIA D.JOHNSTdNE, . CUMBERLAND CO[JNTY,PENNSYLVANIA
AN ALLEGED . ORPHANS' COURT DIVISION
INCAPACITATED PERSQN . N(}.21-Q9-00377
VERIT+ICATION
I, Gary J. Muccio, hereby verify that the facts contained in the £oregoing Petition are true
and correct to the best of rny knowledge, information and belief. I understand that false
statements herein are subject to the penalties of 18 Pa. C.S.A. §4904 relating ta unsworn
falsification ta authorities.
,`�1�;.C.�.c�
Gary . M io
DATE: May�, 2013
ANNUAL REPORT QF
GUARDIAN OF THE ESTATE
COURT OF COMMON PLEAS OF
CUMBERLAND �4UNTY, PENNSYLVA.�IA
ORPHANS' COURT DTVISIdi�3
Estate of Geargia D. Johnstone , an IncapaoiYated Person
hra. 21-09-00377
I. TNTRODUCTIf3N
Gary J. Muccio , was appointed
�Plenary �Limited Guardian of the Estafe by Decree of J• �'�sley Oter, 7r. J
dated June 10,2009
� A. This is the Annual Repart for the period frorn April 1 2012
2o March 31 , 2013 {the"Report Periad"}; or
� B. "T'his is the Final Report for the period from ,
to , (the "Report Period"), and is filed
far the following reason:
1. The death of the Incapacitated Persan. Date of death:
Name of Personal Representative:
2. The Guardianskup was terminated by the Court by L7ecree pf
J., dated
FormG-O2 rev. t0.13.Db page 1 Of 5
Estate af ����'�a 1�. Johnstone An Incapacitated Person
II. SUMMARY
A. State the vatue of tbe estate reported on the Inventory $ 717,b70.63
B. State the value(s) of principal assets at the begirming of
the Report Period. {Same as Inventory if first Report,
otherwise, ending balance fram last Report.} $ 4b5.17I.29
C. What is the total amount af income earned during ihe
Report Period? � 73•2$&•�2
D. What is the tataI amount of income and principal
spent for aIl purposes during the Repost Period? $ 188.573.50 -
E. What are the balances remaaning at the end of the Report
Period?
l. Principal $ 291,219.75
2. Income $
3. Total of Principa3 and Income $ 291,219.75
III. ADDTI'IONAL INFOTtMATIOIV
(If more space zs needed,please attuch additional pages.)
A. Principal
1. How is the prineipal balance listed abave currently
invested? (Please specify, e.g., real estate,
certificates of deposit,restricted bank accounts, etc.):
Orrstown Bank 50+Checking Account# 1q60d1716
Orrstown Bank 1Vloney Market Account#146001724
SII'CO Invesiments Brokerage Account#67T-8b335I
Fide]ity Tnvestments Traditional IR.A Account#671-921203
2. Have there been any expenditures frorn the principal
during the Report Period? . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No
�y�: � � �
a, Have ai] expendiiures frarn the principa! been far
the sole benefit of the Incapacitated Fersan? , . . . . . . . �Yes �Na
FarmG-Q2 rev. 7d.13.06 . - �3�e 2 4f�
Estate of �eorgia D. Johnstone An Tncapacitated Persan
b. List purpose and amount of expenditures:
Nursing Home Pacility $ 125,568.33
Persanal Caze � 52,752.40
Health Iasurance $ 5,217.98
Prescriptions/Me&cal � 1,239.74
Supplies/Clothing 1,245.96
c. Was Caurt approval received prior ta
expending the principal? . . . . . . . . . . . . . . . . . . . . . . . 0 Yes �No
3. Were additional principal assets received during the
Repart Period which were not includad in the
Inventory or a prior Report f led for the Estate? . . . . . . . . . . . �`Yes m No
If yes
a. Was Court approval requested prior to
receiving the addi6onal principal? . . . . . . . . . . . . . . . . C7 Yes O No
b. Sta2e the sources and arnounts af the
add'ztional prineipa2 reeeived:
$
$
$
$
�
B. Incame
1. State sources and amounts o£income received
during the Report Period(e.g., Social Security,
pension, rents, ete.}: ,
Social Securiky Benefits � 14,668.20
SIPCO Investments Broketage Account � 2,053.2b
Onstown Bank Accounts � 67.96
Fidelity IRA distribution $ 6,288J2
$
$
"1'otal incame reoeived during Report Periad: $ 23,0'18_la
Form G-02 rev.10.73.d6 Page � Of 5
Estate of�ear�ia D. Johnstane An Incapacitated Parson
?. How is income currentlp invested? {Please
specify, e.g., restricted bank accounts, client
care account, etc.):
C7nstown Bank SO+ Checking Acconnt#:146001716
Osstown Bank Maney Market Aecount#146001724
SIPCd Investments Brokerage Account#6'71-863351
Fidelity Investments Traditional TRA Account#67 1-92 1 203
C. Exgenses far Care and Maintenance
Specify what e�enditures were made fram the priacipal and
income for the care and maintenance of the Incapacitated
Person(e.g., clothing, nursing home, medicine, support, etc.):
Nursing Home Facility $ 125,508.33
Personal Care 52,752.40
Healih Insurance 5,217.98
Preseriptions/Medioal 3,239.74
Supplies/Clothing 1,245.96
Zaundry Service lOd.40
D. 4ther Expenditures
Specify what ather expenditures were made during the ReporE
Period. (Do not include any items stated in response to
questaon C above.)
CPA - Tax Preparation Fee $ I95.00
$ond Premium 1,501.00
E, Guardian's Commissians
List amounts of compensation paid as Guardian's commission
and state how amount was deternuned:
C'ourt
,4maunt Methad ofLletermirrtrtian Appraval Obtarned
1,537.54 Hourly(�a,ratelhour �yes Q1Vo
�Yes �No
Fo�c-oz r�. ro.rs.o� Page 4 af 5
_
Estate of��argia D. Johnstone An Incapacitated Person
F. Couasei Fee
List amounts paid as counsel fee,and indicate whethez Court approval was obtained.
Caurt
Amount Approvat Obtained
1 021.35 �Yes �No
�Yes 0 No
T verify that the foregaing information is eorrect to the best of my knowledge,
inforrnation and belie£; and that this Verification is subject to the penalties of 18 Pa.C.S. § 4904
relative ta unswom falsifiaation to authorities.
����3 13 C��t �: `�-�..�
D�r1e � � Signature o,� mdt of the£sfafe
Gary J. Muccio
Name afGuardian af the Estate{type or print)
6 Derbyshire Drive
Address
Carlisle, PA 17015-9259
c�ry,srare,z�P
717.385.QSd7
Telephpne
Fo.m c-oz ,ev. �o.r�.oe Page 5 of 5
;_
� �-� -���
"�a-� 7T� cT ti j
ANNUAL R�PORT OF '� � � `-"'-'�
�~ '- '..��;
GUARDIAN OF THE ESTA'T� �in� � --
J '�(-7 -) � 'T,
i "�f �
s '
COT3KT C5F COMMdN PLEAS OF � tv ,''"�
CLJMBEItL.AND COUN'fY,PENAISYLVANIA c.,
..a.
ORPHANS'COtJRT DIVISION
�statc of C3eorgie D.Johastcme .an Tncapacitatad Person
No, 21-09-00377
I. INTIYUDUCTiON
Gary J.Muccio was appoinied
�Plenary �Limited Goardiaa of tha Estate by Decr�af �.��ley Olor,7r. J,
deted Juno 10,20Q4
� A. This is the Annn�l Repart for thc period fmm Aprii 1 201 T
to March 31 . ,2012 (the"RopoR Period"�;or
C� H. Thia is the Ftnal Report for the period from
ta (the"Re�wrt Periai"},snd�S filed
for the followirtg reeson,
1. The dtath of the Ineapacitated Persan. Datc of death:
Namc of Personal Representative;
2. The Guardianshzp was terminated by the Coe�rt by I?ecrce of
J.,dated
FdrmG-d7 +w.1D.t3.06 Page t ofS
Estate of Georgia D.Johnstoae An Incapacitated Person
TI. SUMMARY
A. State the vaIue of the estate reported on the Inventory $ 717.670.63
B. State the value(s)of princ3�l assets at tha beginning of
the Report Period. (Same as Inventory if first Report,
atherwise,ending balance ffom last Report.) $ b45.481.2'7
C. What is the total amount of income earned during the
Report Period? $ 17,373.30
D. What is the total amount ofincome and principal
spent for all purposes dwing the Report Periad7 $ 193,161.76
E. What aro the batanoes remaining at the end of the Repart
Period7
i. Principai $ 465.171.24
2. Income $
3. Total ofPrincipal and Income $ 465,171.29
III. ADDTTIONAL,INFQRMATICIIV
(If more space is needed please attach additional pages.)
A. Principal
L How is the principal batance listed above currently
invested? (Please specify,e.g.,real estate,
eertificates af depasit,restrickcd bank accounts,etc.):
4rrstawn Bank 50+Ckecking Account#146007Ib
Orrstown Bank Money Mazket Account#146001724
SIPCO Investraents Bmkemge Aecount#671-8G3351
Fidelity Investments Traditional IItA Account#671-9212q3
2. Have there been any expenditures from the principal
duringthe Report Period7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Yes �No
If yes:
a. Have all expenditures from the principal been for
tho sale beneSt af the Incapacitated Person? . . . . . . . . �Yes �Na
Fo„�c•oa ,N,io.�a.os Page 2 of 5
Esta#e of ��rgia D.Johnstone M Incapac'stated Persan
b. List purpose and amount of expenditures:
Nursing xome Facitity $ 119,622.T i
Personel Caro � b2,09'7.6b
Hoeith Insmaace $ 2.960.96
Preseriptionsthtedicai $ 1,395.24
SuppliesiClothing I,630.74
c. Was Court approval reoeived prior to
exgending the principat? . . .. . . . . . . . . . . . . . . . . . . . 0 Yes �No
3. Were additional principal assets received during the
Report Period which were nat included in the
inventory or a prior Report filed for the Estate? . . . . . . . . . . . �Yes �No
Ifyas:
a. Was Court approval reqvested priar ta
receiving the addidonal principal7 . . . . . . . . . . . . . . . . ❑Yes ❑No
b. State fha saurces and amounts of the
additional principal received:
$
$
$
$
$
& Tncama
1. State sources and amounts of income tcceived
during the Report Period(e.g., S�ial Security,
pension, rents, etc.):
5ceialSecurityBenefitx $ II,098.80
51PC;0 Investrttents Brokerage Acewtnt � 4,47QA5
Chrsrown Benk Accounte � 70Ai
Fidelity IItA disaibution $ 1,734.44
$
$
TotaI incame received during Report Period: $ jT.373.3Q
Fam c-o� m.10.13.06 Page 3 of 5
Estate of C3eorr>_ia D.Johastone An Incapacitated Persan
2. How is incorne currently invested7 (Please
specify,e.g.,restrieted 6ank accounts,ctient
care accaunt, eta}:
Oastown Baak S0+Checking Account#IA600716
Oastawn Bank Maney Market Account#1460Q1724
SIPCO Tnvesirnents Brokerage Account#6'71-863351
Fidelity Investrnents Traditional IRA Account#611-921203
1
C. Eapenses far Csre and Mafnfenanee
Specify what expcnditures were mada from the principal and
income far the care and maintenance of the Incapacitated
Person{e,g.,ctothing,nursing hame,rnedicine,suppork,ete.}:
IVursing Home Facility $ 119,622.71
Personai Caze 62,097.06
fTeafth Insurance 2,46096
Prescriptions/Medical 1,395.29
SupplieslClothing 1,630.74
i.aundry Sarvice 240.00
D. Other Eapenditures
Specify what other e�senditures were rnade during tht Report
Period. (Do not include any items stated in rasponse to
question C above.}
CPA-Ta7c Preparation Fee $ 145.00
Bond Pcemium 2,r io.00
Income Ta2c 56.U4
Administrarion Expenses 19A0
E. Guardiaa's Commission�
List amounts of compensatian paid as Guardian's commission
and state how amount was determinad:
Court
.2mount Met3wd of1)etermination 14pproval Qbtained
1,675.00 Hourly(a"�rate/hour [�Yes m No
�Yas ❑No
Fa„�c-o� m.ip.13.06 Page 4 af 5
_ .
Estate of Georgia D.Johnstone An Ino�pacitated Person
F. Counse!Fee
List amounts paid as caunsel fee,and indicate whc#her Court approval was obtained.
Court
Amount rlpprovat 4�tained
12d0.06 DYes �No
DYes �No
I venfy that#he foregoing information is carrect ta tha best of rny knowledge,
informa6on and belief;and that this Vorification is subject to the penalties of 18 Pa.C.S. § 44Q4
relative to unswom falsi6cation to authorities.
Am���� �. ('� (�(h4 �. �.11.,CC�
-- s��wn yc dre,,: "�e�ra
lf
C,ary 7.Muccio
Nome nfGuprdimi ofthe Bstau(eype w prIMJ
6 Derbyshire Drive
Addn,w
Cazlisle,PA 17015-4259
Ct+Y.SYan.Z(p
')I7.3$5.0507
Tdephans
Fo.Mc-oa ,�,ro.i3.oc Page 5 of5
_.
IN THE MATTER . IN THE COURT OF COMMON PLEAS OF
GE4RGIA D. JOHNSTONE, . C[JMBERLAND COUNTY,PENNSYLVANIA
AN ALLEGED . ORPHANS' COURT DIVISION
INCAPACITATED PERSON . NO. 21-09-00377
ORDER OF COURT
AND NOW, this day of , 2013, it is ardared that the amounC o£
the Guardian Band be reduced to and set at $291,219.75.
BY THE COURT:
J