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Home My WebLink About07-08-13 � a Paula J. McDermott, Esquire Attorney I.D. # 46664 Post& Schell, P.C. 17 North Second Street, 12th Floor � �, �,� � Harrisburg, PA 17101-1601 � ° �_ L`� �' (717) 612-6012 (phone) �� tzt � c� . �.� 4'� (717) 731-1985 (fax) �' �' r` ° -�� "' � t� � � -� E-mail: PMcdermott@postschell.com � �~� �' �� -�� ' r 4 � ��t - �.::: � .__: -a IN RE: : IN THE ORPHANS�O�RT D�VISIO�_`° , �•-. �,;�3 <.�A IN THE MATTER OF : CUMBERLAND CO��NTY, P�; _� N. CARL VANDLING, : A1�,T ALLEGED INCAPACITATED : PEIZSON : : No. �-f- �3-�1� PETITION TO APPOINT EMERGENCY PLENARY GUARDIAN OF THE ESTATE OF N. CARL VANDLING AND NO�� COMES PETITIONER, Michael N. Vandling, by and through his attorneys, Post & Schell, P.C., and avers as follows to the Court: 1. Petitioner, Michael N. Vandling, is an adult individual with an address of One Abbey Lane, Camp Hill, PA 17011 and is the son of the alleged incapacitated person, N. Carl Vandling. 2. Alleged incapacitated person, N. Carl Vandling, is an adult individual with a date of birth of�eptember 15, 1934 and is 79 years of age. 3. N. Carl Vandling resides at 133 West Locust Street, Apartment 108, Mechanicsburg, PA 17055. 4. Alleged incapacitated person, N. Carl Vandling is married to Charlotte Vandling whose address is 133 West Locust Street, Apartment 107, Mechanicsburg, PA 17055. 5. N. Carl Vandling is not a resident of a hospital. 6. The next of kin of the alleged incapacitated person are: Michael N. Vandling, 1 Abbey Lane, Camp Hill, PA 17011, son, Carol Vandling, 398 A. Gurtner Road, New �W � , Cumberland, PA 17070, Daughter; and Diane Brubaker, 190 Konhaus Road, Mechanicsburg, PA 17055, Daughter. 7. The gross value of the alleged incapacitated person's estate is unknown. S. Currently, N. Carl Vandling receives $900.00 a month from a trust account as well as a small income from working part time at Rite-Aid. 9. He also receives approximately $1,216.00 a month in social security payments. 10. N. Carl Vandling suffers from Alzheimer's/dementia which renders him totally unable to manage his finances. 11. N. Carl Vandling has been a member of the armed services in the United States and has some limited medical benefits from the Veterans Administration. 12. N. Carl Vandling is the victim of ongoing elder abuse and fraud perpetrated by his granddaughter, Brandi Neff. 13. Brandi Neff is an adult individual who resides at 398 B. Gurtner Road, New Cumberland, PA 17070. 14. Neff, who is chronically unemployed and has no money of her own, has been deceiving her grandfather, N. Carl Vandling, into paying all of her bills out of his meager income. 15. There is a need for an emergency plenary financial guardian since Brandi Neff is about to be evicted from her home and will move back in with N. Carl Vandling at some point this week. 16. Brandi Neff deceives her grandfather into paying all of her bills, including, but not limited to, dental, medical, auto insurance, student loan payments, cell phone, cable and numeraus �ther expenses. 2 17. Brandi Neff has deceived her grandfather into co-signing on numerous student loans as well as other loans from M&T Bank. 18. Carol Vandling, daughter and power of attorney for her father, has attempted to close down Carl Vandling's accounts using her power of attorney but has been unable to do so due to the presence of her daughter Brandi Neff as co-owner of the accounts. 19. The $900.00 a month which Carl Vandling receives from his trust account will stop within less than a year because, thanks to the depredations of Neff, it will be totally exhausted� 20. Brandi Neff has never contributed any funds to the accounts which she jointly owns with her grandfather, the alleged incapacitated person, N. Carl Vandling, nor has she ever made any payments on the loans which she took out jointly with her grandfather, N. Carl Vandling. 21. Should this Court require an emergency hearing, medical records will be produced substantiating the alleged Alzheimer's/dementia issues. 22. This Court is respectfully requested to grant, pursuant to 20 Pa. C.S.A.7 § 5513, an emergency plenary guardianship of the estate of the alleged incapacitated person, N. Carl Vandling, to last for the statutory 30 days. 23. After the 30 days, a full guardianship proceeding will be initiated pursuant to 20 Pa. C.S.A. § 551 l. 24. Petitioner respectfully represents that unless the alleged incapacitated person is declared incapacitated, he will exhaust his meager funds and have no means to support himself because of the criminal and deceptive conduct of Brandi Neff. 25. The name and address of the proposed guardian is Michael N. Vandling, 1 Abbey Lane, Camp Hill, PA 17011,who is the son of the alleged incapacitated person. 3 � , 26. Michael N. Vandling has no interest adverse to N. Carl Vandling. 27. No other Court has ever assumed jurisdiction in any proceeding to determine the competency of N. Carl Vandling. 28. The alleged incapacitated person has no guardian already appointed. 29. Michael N. Vandling's consent to serve as emergency plenary guardian of the estate of N. Carl Vandling is attached hereto as Exhibit A. 30. The alleged incapacitated person's wife, Charlotte Vandling, and daughters Diane Brubaker and Carol Vandling concur in this Petition and the relief requested. W��EREFORE, Petitioner Michael N. Vandling respectfully prays this Court to grant a citation dir�cted to N. Carl Vandling with notice thereof to his next of kin and such other persons as the Court may direct to show cause why he should not be judged an incapacitated person and an emergeTlcy plenary guardian of his estate appointed. Respectfully Submitted, POST& SCHELL, P.C. BY: P� Nu.� - Paula J. Mc ermott, Esquire Attorney ID #46664 17 North 2"d Street, 12th Floor Harrisburg, PA 17101 Telephone: (717) 731-1970 Facsimile: 717-731-1985 Email: pmcdermott�a�,postschell.com io9o�s�� 4 � . EXHIBIT "A" CONSENT OF GUARDIAN OF THE ESTATE I Michael N. Vandling, hereby consent to my appointment as emergency plenary guardian of the estate of my father,N. Carl Vandling. Michael N. Vandling 10901636v1 �ERIFICATION I, Michaei N. Vandiing, hereby affirm that the facts and matters set forth in the foregaing dacument are true and correct to the best of my knowledge, informatian, and belief. The undersigned understands that the statements made therein are made subject to the penalties of 18 Pa. C.S. §�904 relating to unswarn falsification ta authorities. : MICHAEL N. VANDLING Date; July 8, �413