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Home My WebLink About03-27-14 �h\ `� HYNUM LAW 2608 NORTH 3`� STREET � ° � �, HARRISBURG, PA 17110 � ° t ,� ; � PHONE [717] 774-1357 rn � � � �, � FAX [717] 774-0788 � z� r` � "{ t� � t�1 i71 rTl �, (.n ,..r i '�`� „� C7 March�,�b4 � � � c, c � � — Register of Wills and Clerk of Orphans' Court � .,.�'.� � r- m Attn: Honorable Judge Placey � � � � Cumberland County Courthouse 1 Courthouse Square Room 102 Carlisle, PA 17013 RE: Estate of Gladys Shughart, an Alleged Incapacitated Person O.C. No. 21-13-1249 Report of Guardian Ad Litem and Request for Issuance of a Final Order To the Honorable Judge Placey: A hearing in regard to the above-matter was held on February 27, 2014. An Order was issued February 27 appointing Neighborhood Services as temporary guardian. Counsel was given verbal instructions at the hearing to report back to the Court regarding the financial situation and to request a permanent order at that time. An additional Order was issued on February 28 appointing Michael Scherer, Esq. as Guardian ad litem, charged with reporting back to the Court with Ms. Shughart's financial and other estate issues. Attached hereto is a copy of said report. After speaking to Neighborhood services, the temporary guardian, and reviewing Attorney Scherer's report it is my belief that Ms. Shughart's interests are well protected. I request that the Court grant an order appointing Neighborhood Services permanent plenary guardi�n of the person and estate. A propose�final order is �nclosed. If you have any questions or require anything further, please contact o office. Sincer Eric J. Bialas, Esq Attorney for Petitioner, Church of God CC. Michael Scherer, Esq. Guardian Ad Litem Greg Harper,Neighborhood Services Church of God Home � IN RE: GLADYS SHUGHART, : IN THE COURT OF COMMON PLEAS An Alleged Incapacitated Person : OF THE NINTH JUDICIAL DISTRICT `� • ORPHANS' COURT DIVISION � u-- �n o c.� � ' rLt� '==J C"� C� • . ;.�._ - T . �o . 21-2013-1249 �.. J.� d, ��..:,� t��r_T� rn "U�z'Q ' . Lu .... :.��'�..i 7 J t-j ;..._. _ Z �� :�� REPORT OF GUARDIAN AD LITEM �u_� �_ c�� z.�.s c.r. �- O� �� U `��. 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. 1 _ _ _ 7. Ms. Shughart was under the impression that she had $20,0OO.OQ 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. Shugha�t 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 �nancial 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. 2 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: �d�� j(3� Z�I `ti , Mich e . Scherer, Esquire I.D. 61974 Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 3 CERTIFiCATE OF SERVICE I hereby certify that on the�day of �Ci _, 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 2f08 N. Third Street Harrisburg, Pennsylvania 17110 ��.� Lauren Mc augh 4