HomeMy WebLinkAbout03-19-14 IN RE: GLADYS SHUGHART, IN THE COURT OF COMMON PLEAS
An Alleged Incapacitated Person : OF THE NINTH JUDICIAL DISTRICT
ORPHANS' COURT DIVISION
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REPORT OF GUARDIAN AD LITEM
1. By Order of Court dated February 28, 2014, this Honorable Court appointed
undersigned counsel as Guardian Ad Litem for Gladys Shughart, the alleged
incapacitated person.
2. Undersigned counsel has had discussions with Eric J. Bialas, Esquire,
counsel for the petitioner, and Greg Harper, of Neighborhood Services, the proposed
Guardian.
3. Undersigned counsel met with Gladys Shughart at the Church of God Home
in Carlisle on March 14, 2014.
4. Ms. Shughart was a good historian regarding her past circumstances but
demonstrated a lesser understanding of her current financial situation.
5. Ms. Shughart explained that she was born in 1920 in Carlisle and grew up
living in a house at 273 S. Pitt Street. She was an only child, never married or had
children and during her adult years she continued to reside with her parents in her
childhood home.
6. She worked at the Army War College and thus earned the pension which is
paid from the Office of Personnel Management, with which Mr. Harper is familiar.
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7. Ms. Shughart was under the impression that she had $20,000.00 or so in the
bank but it appears those funds were spent down on nursing home care.
8. The M&T account referenced in the Order of Court dated February 28, 2014
had a balance of $1,733.67 on March 3, 2014.
9. The proposed guardian has located an annuity from Prudential which will be
used to pay for Ms. Shughart's nursing home care.
10. The only other assets are a possible certificate of deposit that was worth
approximately $1,000 in 2009 and a possible safe deposit box containing jewelry. Ms.
Shughart did not recall having a safe deposit box.
11. Although Ms. Shughart is capable of interacting with the Court at a hearing,
she did not express a desire to do so when undersigned counsel met with her.
Undersigned counsel does not believe it is necessary for the Court to direct that Ms.
Shughart be transported to the Courthouse for a hearing. Ms. Shughart was not able to
offer anyone to serve as her power of attorney or guardian and she does not oppose
having a third party manage her personal and financial affairs.
12. Ms. Shughart's prior agent, Ruth Hoffman, who is deceased, kept accurate
records of Ms. Shughart's financial affairs according to Mr. Harper, however, there does
not appear to be a reconciliation or accounting prepared by Ms. Hoffman.
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CONCLUSION
Undersigned counsel believes that Ms. Shughart's prior assets have been spent
down to a nominal amount due to the cost of nursing home care. Under circumstances
where Ms. Shughart has no family and no close friends who would be willing to serve as
her Agent or Guardian, undersigned counsel believes it is appropriate to appoint
Neighborhood Services of Lancaster, Pennsylvania as Guardian of Gladys Shughart.
Respectfully submitted,
BARIC SCHERER LLC
Date: �/I d�i,� l�� Z°� �
MichAeYA. Scherer, Esquire
I.D. 61974
Baric Scherer LLC
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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CERTIFICATE OF SERVICE
I hereby certify that on the day of 2014, I, Lauren
McVaugh, of Baric Scherer LLC, did serve a copy of the Report of Guardian Ad Litem,
by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Eric Bialas, Esquire
Hynum Law
2608 N. Third Street
Harrisburg, Pennsylvania 17110
Lauren Mc augh
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