HomeMy WebLinkAbout06-28-13 (4) IN RE: ) IN THE COURT OF COMMON PLEAS
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JOAN SCHRADER ) ORPHANS' COURT DI�S�N � '�'�` j`�=
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AND Nt�3W, this L.�.7 day o , 2013, the ru1i��'g of the �urt�i�rr:�he > ` !�
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Petitian to Adjudicate Joan Schrader Incapacitated and Appoint a Guardian of Her Esiate is that �,,.
the appointment of a Limited Guardian for Joan Schrader is appropriate and necessary fc�r the
limited purpose of management of her financia� assets and real estate and�naking investment and
financial decisions, The Stipulated Prc�pased Findings of Fact and Canclusians of Law f 1ed
under seal in this case are hereby adopted in fu11 as the Findings and Conclusians of this Court.
All prior{�rders of Cc�urt are modified as follows below.
Manufacturers and Traders Trust Company {"M&T Bank") is hereby appointed as the
Limited Guardian for Joan Schrader under the follawing terms:
1. Jaan Schrader's brokerage account {the "Fund") currently managed by Iv�erri�l
Lynch Wealth Management, Account Numbers ending in the last four digits 5115, 0680, 0681,
(}b82 and 765'7 sha11 be transferred to M&T Bank for the purpc�se af managing, investing,
reinvesting and making appropriate payment of Joan Schrader's expenses. Such transfer is
directed to take place in such a way as to avoid incurring tax liability.
2. The Limited Guardian sha11 have, hald, manage, invest, and reinvest the Fund,
and collect the income and pay arrd use an amount nat to exceed 1°lo arinually of the balance of
the Fund ca]culated as of December 31 St of the preceding year {the "Annual Expenditures"} as
the Limited CJuardian, in the Limited Guardian's sole discretion, without further Order of Court,
from time to time shall deem necessary to provide for the proper maintenance, support, and
wellbeing, including medical, hospital, nursing, or nursing home care of Joan Schrader.
Unexpended amounts from an Annual Expenditure for any year shall be accrued and may be
used for the foregoing purposes in a later year without further Order of Court.
3. So long as there remain sufficient Fund assets to provide for Joan Schrader's
lifetime care, maintenance, support and wellbeing, including medical, hospital, nursing or
nursing home care as determined in the sole discretion of the Limited Guardian, Limited
Guardian shall place $4,000.00 per month into a checking account in the name of, and for the
benefit of Joan Schrader, with the understanding that Joan Schrader has free and unrestricted use
of these funds and that their intended use is for daily household and personal expenses not
otherwise paid by Limited Guardian. This amount shall be considered part of the Annual
Expenditures of the Limited Guardian as referenced in paragraph 2 above.
4. Without limiting the foregoing, included in the Limited Guardian's Annual
Expenditures as referenced in paragraph 2, the Limited Guardian shall directly pay the following
expenses of Ms. Schrader:
a. all federal, state, and local taxes, including estimated taxes;
b. municipal and school real estate taxes associated with the ownership of
Joan Schrader's home;
c. insurance and maintenance expenses required for the upkeep of Joan
Schrader's personal residence located at 508 Cocklin Street,
Mechanicsburg, Cumberland County, Pennsylvania ("Personal
Residence"); and
d. All medical bills not covered by insurance or other third party payor.
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5. The Limited Guardian may request this Court to authorize additional expenditures
in excess of the Annual Expenditures, where necessary, to provide for the purposes set forth in
paragraph 2 above.
6. The Personal Residence of Joan Schrader shall not be sold, transferred,
refinanced, mortgaged, encumbered or otherwise disposed of without the consent and joinder of
the Limited Guardian. The sale of the Personal Residence of Joan Schrader and acquisition of
future living arrangements for Joan Schrader are within the discretion of the Limited Guardian.
7. The Limited Guardian shall be compensated in accordance with its fee schedule in
effect from time to time for managed trusts. In addition, a fee of $15.00 per check will be
charged for the payment of any bills.
8. The Court makes no finding regarding the present testamentary capacity of Joan
Schrader.
THE OURT:
, J.
Thomas A. Pl cey
Common Pleas Judge
Distribution:
Ivo V. Otto, III, Esquire
Thomas A. French, Esquire
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: ORPHANS' COURT DNISION
. COURT OF COMMQN PLEAS OF
In Re: 7oan Schrader . CUMBERLAND COUNTY
. PENNSYLVANIA
' . N0.21-13-0168
CERTIFICATE OF SERVICE OF URDER
ORDER DATE: b128/13
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 6128l13
TN RE: Order
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SERVICE T4: Thomas A French C?ne S Market Sq Pd Bax 1146 Harrisburg PA 1710$-i 14b
Ivo V.Otto III
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SERVICE TO:
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