HomeMy WebLinkAbout08-06-13 0
Paula J. McDermott, Esquire
Attorney LD. # 46664
Post & Schell, P.C.
17 North Second Street, 12th Floor
Harrisburg, PA 17101-1601
(717) 612-6012 (phone)
(717) 731-1985 (fax) c� =,
= � -,:�
E-mail: PMcdermott@postschell.com � � `"' r�:��= �.;
c.� : ��� °'' �::>
(rl - - ��-�, C.�f � � ::i:k
�) " .,
. IN RE: : IN THE ORPHANS�Qf;J�ZT' D�ISLON x
IN THE MATTER OF : CUMBERLAND CC�IJ�i'T�, P�, �
�^� : _ �
N. CARL VANDLING, : :
AN ALLEGED iNCAPACITATED : _ : � . ;:� .,
PERSON : � r,� :.:: �:,
: N0. 21-13-0754 `� ''
PETITION TO APPOINT LIMITED GUARDIAN
OF THE ESTATE OF N. CARL VANDLING
AND NOW 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 September 15, 1934 and is 79 years of age.
3. N. Carl Vandling resides at 133 West Locust Street, Apartment 108,
Mechanicsi�urg, PA 17055.
4. Alleged incapacitated person, N. Carl Vandling is married to Charlotte Vandling
whose adc�r:;ss 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 La.ne, Camp Hill, PA 17011, son, Carol Vandling, 398 A. Gurtner Road, New
Cumberlarid, 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.
8. Currently, N. Carl Vandling receives $900.00 a month from a trust account as
well as a small income from warking 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 unable to
manage his finances.
1 l. N. Carl Vandling has been a member of the armed services in the United States
and has so7ne limited medical benefits from the Veterans Administration.
12. N. Carl Vandling has been the victim of ongoing elder abuse and fraud
perpetrateci 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 I�er grandfather, N. Carl Vandling, into paying all of her bills out of his meager
income.
15. Brandi Neff deceived her grandfather into paying all of her bills, including, but
not limitec; to, dental, medical, auto insurance, student loan payments, cell phone, cable and
numerous �:iher expenses.
16. Brandi Neff has deceived her grandfather into co-signing on numerous student
loans as well as other loans from M&T Bank.
2
17. 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.
18. 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.
19. This Honorable Court held an emergency hearing on Wednesday, July 17, 2013.
20. At that time, this Honorable Court appointed Michael N. Vandling limited
emergency guardian of the estate of N. Carl Vandling.
21. Since that time, Petitioner Michael N. Vandling has attempted to organize the
finances oi his father, N. Carl Vandling. This effort is ongoing.
22. The medical deposition of Dr. Sean Oser, which will be entered into the record at
the hearin�; in this matter, indicates that N. Carl Vandling is unable to manage his finances and
needs assistance.
23. Dr. Oser's expert opinion is that N. Carl Vandling is incapable of managing his
finances.
24. The name and address of the proposed permanent guardian is Michael N.
Vandling, 1 Abbey Lane, Camp Hill, PA 17011.
25. Michael N. Vandling has no interest adverse to N. Carl Vandling.
26. No other Court has ever assumed jurisdiction in any proceeding to determine the
competency of N. Carl Vandling.
27. The alleged incapacitated person has no guardian already appointed other than by
this Hono�able Court.
3
28. Michael N. Vandling's consent to serve as limited guardian of the estate of N.
Carl Vandling is attached hereto as Exhibit A.
29. The alleged incapacitated person's wife, Charlotte Vandling, and daughters Diane
Brubaker and Carol Vandling concur in this Petition and the relief requested.
WI�EREFORE, Petitioner Michael N. Vandling respectfully prays this Court to grant a
citation directed to N. Carl Vandling with notice thereof to his next of kin and such other persons
as the Cou��t may direct to show cause why he should not be judged an incapacitated person and a
limited guia•dian of his estate appointed.
Respectfully Submitted,
POST & SCHELL, P.C.
BY: �c
Paula J. cDermott, Esquire
Attorney ID #46664
17 North 2°d Street, 12t" Floor
Harrisburg, PA 17101
Telephone: (717) 731-1970
Facsimile: 717-731-1985
Email: pmcdermott(c�postschell.com
Dated: Azkgust 6, 2013
�o9sss9s��
4
EXHIBIT ��A"
CONSENT OF GUARDIAN OF THE ESTATE
I Michael N. Vandling, hereby consent to my appointment as limited guardian of the
estate of my father,N. Carl Vandling.
Michael N. V dling
10988903v1
M
VERIFICATION
I, Michael N. Vandling, hereby affirm that the facts and matters set forth in the faregaing
document are true and carrect to the best of my knawledge, information, and belief. The
undersigned�nderstands that the statements rnade#herein are made subject to the genalties�af 18
Pa. C.S. §4904 relating to unsworn falsificatian to autharities.
MICHAE N. VAN LING
Date: August 2,2Q 13