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Shaun E. O'Toole � � c'. � ` p E.,'�i
I.D.No. 44797 ' -_. r-► _ .,
220 Pine Street . � �?
' Harrisburg, Pennsylvania 17101 � ' --;-�
Attorney for Petitioner, Dorothy M. Williams � ' �, � c�
and Joanie Hicks � " � ���
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: PEARL L. HICKS, . n
An Alleged Incapacitated Person : No. ��- �� -/�.3 7
� .
PETITION FOR ADJUDICATION OF INCANACITY
AND APPOINTMENT OF GUARDIANSHIP OR, [N THE
ALTERNATIVE,AN ORDER DIRECTING SALE OF ALLEGED
INCAPACITATED PERSON'S INTEREST IN REAL ESTATE
� This Petition is filed to request an adjudication of incapacity and the appointment of a
guardian far an alleged incapacitated person under section 5511 of the Probate, Estates and
Fiduciaries Code, 20 Pa.C.S §551 l, or, in the alternative, if the alleged incapacitated person has
previously executed a durable power of attorney document authorizing an agent to handle her
financial affairs, this Petition requests an Order directing her agent under said power of attorney
to join Petitioner, Dorothy M. Williams, in selling real estate that the alleged incapacitated
person jointly owns with Petitioner, Dorothy M. Williams: ,
Part I
General Information
1. The name of the alleged incapacitated person is Pearl L. Hicks ("Ms. Hicks").
� 2. Ms. Hicks is an 83 year old woman who5 for about the past eight years, has been a
resident in a nursing home and is currently a resident at the skilled nursing facility at the Golden
Living Center at 46 Erford Road, Camp Hill, Pennsylvania.
1
3. Petitioners are Dorothy M. Williams, Ms. Hicks' 81 year old sister, and Joani Hicks,
Ms. Hicks' year old daughter.
4. The names of the presumptive adult heirs of Ms. Hicks, their addresses, and
relationship to Ms. Hicks are as follows:
Name Address Relationship
Joani Hicks (Petitioner) 129 Summer Lane Daughter
Enola, Pennsylvania17025
Kevin E. Hicks 2636 North Sixth Street Son
Harrisburg, PA 17110
William N. Hicks 4039 Camby Street Son
Harrisburg, PA 17103
Eric L. Hicks 2722 Reel Street Son
Harrisburg, PA 17110.
5. The alleged incapacitate person suffers from Alzheimer's disease and sever dementia
which necessitate the appointment of a guardian.
Part II �
Request for Appointment of Guardian �►f Estate
6. To the extent known by the Petitioners,the Ms. Hicks' assc;ts and the approximate
value of each asset are as follows:
° Asset A�Uroximate Valuc
Real Property: $24,500.00
520 Radnor Street
Harrisburg, Pennsylvania 17101
Estimated values $49,000.
(Jointly-owned with Petitioner,
Dorothy M. Williams)
Personal Property: -�-
Total Property $24,500.00.
2
7. Upon information and belief, Petitioners believe that Ms. Hicks does not rec�ive
social security benefits but does receive a rail road pension as a result of her deceased husband's
employment. To the best of Petitioner's knowledge, these benefits are paid directly to the
nursing home where Ms. Hicks resides.
8. Because of Ms. Hicks' mental and/or physical condition, NIs. Hicks is:
(a) Unable to manage her financial affairs;
(b) Unable to make and communicate responsible decisions relating to her financial
affairs; and
(c) Unable to communicate her need for assistance with regard to her financial
affairs.
9. Petitioners do not know if Ms. Hicks has a duly executed a power of attorney
document authorizing an agent to handle her financial affairs.
10. No other guardian of Ms. Hicks' estate has been appointed by any court.
11. All less restrictive alternatives to the appointment of the guardian of the estate have
been considered. The petitioner believes that such alternatives will be ineffective.
12. Petitioners are requesting that Petitioner, Joani Hicks, be appointed plenary guardian
of Ms. Hicks' estate and are not requesting that a guardian of Ms. Hicks' person be appointed.
13. Petitioner, Joani Hicks is fully aware of Ms. Hicks' limited financial resour�es and
affairs since entering the nursing home and she has no interest adverse to that of Ms. Hicks. The
consent of the proposed guardian of the estate is attached to this petition as Exhibit"A."
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Part III
Request for Order Directing Agent Under Power of Attorney, if One Exists,to Join
Petitioner,Dorothy M. Williams, in the Sale of Property She Jointly Owns with Ms. Hicks
14. Petitioner, Darothy M. Williams, is the sister of Ms. Hicks and the two own a
residence located at 520 Radnor Street, Harrisburg, Pennsylvania ("Property") as tenants with the
right of survivorship which has an estimated value of$49,000.00. Attached as Exhibit"B" is a
copy of the Deed whereby Ms. Hicks and Petitioner, Dorothy M. Williams, took title to the
Property.
15. The Property is not the personal residence of either Petitior�r, Dorothy M. Williams,
or Ms. Hicks, but is a rental property that fias, for the most part, been occupied by family
members over the years, but is currently unoccupied.
16. During the years that Ms. Hicks has been a resident in a nursing home, she has been
unable to financially assist Petitioner, Dorothy M. Williams, with the cost of maintaining the
Property and since 2007 the expenses of maintaining the Property have exceeded the rental
income generated by the Property by more than $40,000.
17. The Property is currently vacant and not generating rental income and Petitioner,
Darothy M. Williams,to date in 2014, has spent a total of$8,687.59 in utilities, taxes, and
maintenance for the Property in 2014. Attached as Exhibit"C" is a list of these expenditures.
18. Petitioner, Dorothy M. Williams, has received an estimate �or$2,800.00 for work
required to bring the Property up to code which is required if the Property is to be sold, and she
� anticipates an additional $1,775.00 in future utility and maintenance expenses for the balance of
2014.
19. Since the day Ms. Hicks entered the nursing home, she has been receiving Medical
Assistance (Medicaid) benefits to pay for her stay at the facility.
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20. Since the Property is owned as joint tenants with right of survivorship, in the event
that Ms. Hicks were to predecease Petitianer, Dorothy M. Williams, title to the Property would
vest solely in the name of Petitioner, Dorothy M. Williams, by operation of law and Ms. Hicks
would receive nothing for her share of the Property.
21. Since the Property is owned as joint tenants with right of sarvivorship, in the event
that Petitioner, Dorothy M. Williams, were to predecease Ms. Hicks, title to the Property would
� vest solely in the name of Ms. Hicks by operation of law.
22. If title to the Property were to vest solely in the name of Ms. Hicks, under the
Medicaid regulations, if Ms. Hicks were to sell the Property during her lifetime, she would be
allowed to use the sale proceeds to pay for a pre-paid funeral and she would be allowed to keep
up to Eight Thousand($8,000.00) Dollars of the sale proceeds. However, she would be
obligated to use the balance of the net proceeds to pay for her nursing home stay.
23. Under the Pennsylvania Medicaid estate recovery regulations, upon the deat�of Ms.
Hicks, the Pennsylvania Department of Public Welfare ("DPW") will have a lien on Ms. Hicks'
estate in an amount equal to the total amount of Medicaid benefits paid on her behalf during the
course of her lifetime.
24. If Ms. Hicks survived Petitioner, Dorothy M. Williams, and took title to the Property
solely in her name, as a result of DPW's lien, upon Ms. Hicks' death, her estate would be
obligated to remit to the DPW practically all of the net proceeds from the sale of the Residence.
25. If Ms. Hicks, through either a guardian or an agent under a power of attorney, were
to join Petitioner, Dorothy M. Williams, and sell the property while both parties are alive, under
the Medicaid regulations, Ms. Hicks would be allowed to use her half of the sale proceeds to pay
for a pre-paid funeral, and she would be allowed to keep up to Eight Thousand ($8,000.00)
� 5
Dollars of the sale proceeds. However, she would be obligated to use the balance of the net
proceeds to pay for her nursing home stay..
26. Whether Ms. Hicks sells the Property now while she is a joint owner with her sister
or whether she sells it when she is the sole owner of the Property (in th� event that she survives
the joint owner) the most Ms. Hicks will ever be able to retain from the sale of the Property are
(a)the cost of a pre-paid funeral and (b) Eight Thousand ($8,000.00) Dollars.
27. Upon information and belief, Ms. Hicks has not arranged for a pre-paid funeral and
she currently does not have the resources to pay for her funeral, and if she were to pre-decease
Petitioner, Dorothy M. Williams, neither she nor her estate would have the means to pay for a
funeral.
28. By joining Petitioner, Dorothy M. Williams, in selling the Property, Ms. Hicks can
arrange for a pre-paid funeral and retain as much as Eight Thousand ($8,000.00) Dollars which,
under the Medicaid regulations, is the most she will ever be able to retain after the sale of her
interest in the Property.
29. If Ms. Hicks does not join Petitioner, Dorothy M. Williams, in the sale of the
Property, if Ms. Hicks predeceases Petitioner, Dorothy M. Williams, Ms. Hicks will not have the
resources to pay for a funeral and will forever lose the opportunity to retain $8,000.00 from the
sale of the Property.
30. Petitioner, Dorothy M. Williams, desires to sell her interest in the Property and since
the Property is owned with Ms. Hicks as joint tenants with right of survivorship, Dorothy M.
Williams' interest in the Property is unmarketable without Ms. Hicks j�ining in the sale.
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31. Petitioner, Dorothy M. Williams, desires that Ms. Hicks, either through her �uardian
or through the agent appointed in a duly executed power of attorney,join her in selling the
Property at a public sale.
Wherefore, the Petitioners respectfully request that the Court award a citation directed to
the alleged incapacitated person, her presumptive intestate heirs, and to such other person as the
Court may direct,: (a)to compel the production of a power of attorney document duly executed
by Ms. Hicks whereby Ms. Hicks designated an agent to handle her financial affairs, if one
exists, or, if said power of attorney does not exist, to show cause, if any, why Ms. Hicks should
not be adjudicated an incapacitate person and why Petitioner, Joani Hicks, should not be
appointed plenary guardian of Ms. Hicks' estate; and (b)to show cause, if any, why Ms. Hicks'
guardian, after her appointment, or the agent under Ms. Hicks' duly executed power of attorney,
if one exists, should not be ordered to join with Petitioner, Dorothy M. Williams, and sell the
property which Ms. Hicks and Petitioner, Dorothy M. Williams,jointly own at 520 Radnor
Street, Harrisburg, Pennsylvania and at closing, reimburse Petitioner, Dorothy M. Williams, for
one-half(1/2) of the utility, insurance and maintenance expenses she has incurred during 2014 in
maintaining the Property.
Respectfully subrrt'rted by:
Date: 10�3o/Iq �. �� �
haun E. O'Toole
220 Pine Street
Harrisburg, Pennsylvania 17101
� (717) 695-0389
Supreme Court No. 44797
Attorney for Petitioners, Dorothy M.
Williams and Joanie Hicks
7
� Exhibit "A"
� IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: PEARL L. HICKS, .
An Alleged Incapacitated Person . No.
ACCEPTANCE OF PROPOSED PLENARY GUARDIAN OF THE ESTATE
Joani Hicks,the proposed guardian of the person in the foregoing petition for '
appointment of a plenary guardian of the estate of Pearl L. Hicks, the alleged incapacitate person,
agrees to accept the appointment as guardian of the estate and person ard avers that:
1. The proposed guardian, Joani Hicks, is 60 years old, retired, and resides at 129
Summer Lane, Enola, Pennsylvania 17025; and
� 2. The proposed guardian, Joani Hicks, is not the fiduciary of an estate in which the
alleged incapacitated person has an interest and has no other interests adverse to
Pearl L. Hicks', the alleged incapacitated person.
Date: 7 �
oani Hicks
Exhibit "B"
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DEED
THIS DEED,made the Twenty First day of August,in the year Two Thousand and Two �
�zoa2>.
BETWEEN Eleanor Baltimore,a single woman,party of the first part,("Grantor"},
AND
Pearl L.Hicks and Dorothy M.Williams,pariies of the second pa t,("Grantees") �
WITNESSETH,That said Grantor,for and in consideration of the sum of One
($1.00)Doflar,lawful money of the iJnited States of America,well and truSy paid by the
said Grantees to the said Grantor,at and before the sealing and delivery of these presents,
the receipt whereof is hereby acknowledged,has hereby granted,bazgained,sold,aliened,
enfeoffed,released,conveyed and confirmed,and by these gresents does grant,bargain,
sell,alien,enfeoffed,release,convey and confirm unto the said grantees,their heirs and
assigns as joint tenants with rigtit of survivorship,
ALL T�IAT CERTAIN tract of 1and situate in the Tent6 Ward of the City of
Harrisburg,Dauphin county,Pennsylvania,more specifically described as follows:
i BEGINNIIYG at the northeast comer of Radnor(formerly called Mahantango)
� and Reel Streets;thence eashvardly,along the north line of Radnor Street,sixteen{16)
feet to a point at or opposite the center line of the partition wall hetween Houses Nos.520
' and 522 Radnor Streets;thence northwardly,by a suaight line through the center of said
partition wall and beyond,eighty-five{85)feet to a three(3)feet wide alley,as shown on ; ,
{ the Plan of the Hazrisburg Realty Company,recordcd in Plan Book"G,"Page 45, ` `
� Recorcier of Deeds Office,County aforesaid;thence westwardly,along said tizree(3)feet
' I wide alley sixteen(16)feet to Reel Street;and thence southwardly,along the east side of
Reel Street,eighty-five{85)feet to ttte place of BEGINNING.
HAVING TI-�EREON ERECTED house number 520 Radnor Street,Harrisburg, '
Pennsylvania.
' BEII�IG the same premises which Donald Eugene Ke►xtetter and Doris Kerstetter,
� his wife,by Deed Dated September 11,1971,and recorded on September 13,1971,in the
� Office for the Recording of Aeeds in and for Dauphin County,in')eed Book"K,"
Volume 57,Page 397,granted and conveyed unto Etearior Baltimore,the Grantor herein. . '
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THIS TRANSFER is exempt from the Pennsylvania realty transfer taac as a i
conveyance from mother to daughters. �
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TOGETHER with all and singular the tenements,hereditaments and �
appurtenances to the same belonging,or in anywise appeRaining,and reversion and
• reversions,reminder and remainders,rents,issues and pro&1s thereof; .
AND AI.SO all the estate,right,title,interest,property,claim and demand .
whatsoever,both in law and equity,of the Grantor of,in,t�or out of the said premises,
and every part and parcel thereof.
TO HAVE AND TO HOLD the said premises,with all and singular the
appurtenances,unto the said CTrantees,their heirs and assigns,to and for the only proper
use and behoof of the said Grantees,their heirs and assigns forever.
AND the said Grantor,her heirs,executors and administrators,does by these
� presents,covenant,grant and agree to and with the said Grantees,their heirs and assigns,
that Yhe said Grantor,her heirs,all and singular the hereditaments and premises herein
above described and granted,or mentioned and intended so to be,with the appurtenances
unto the said Grantees,their heirs and assigns,against ihe said Grantor,her heirs,and
against alt and avery other person or persons whomsoever,lawfully claiming or to claim
the satr►e or any part thereof,by,from or under it,shall and wip,by these presents,DOES
SPECIALLY WARRANT AND FOREVETt bEFEND.
TPI WTTNESS WHEREOF,the said Grantor has hereunto set her hand and seal,
the day and year£ust above written.
SIGNED,SEALED ANU DELIVERED
IN THE PRESENCE OF
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ELFA nrn R � LTI e R� (SEAL)
� WITNESS ELBANOR BALTIMOtiE
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CERTIFICATE OF RESIDENCE
- I hereby certify that the present residence of the Grantees herein is as follows:
� 520 Radnor Street �
Harrisburg,Pennsylvania 17110 I
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Att�irney or Agent for
Csrantees
COMMONWEALTH OF PENNSYLVANIA )
} SS.:
COUNTY OF DAUPHIN )
On this,the 21"day of August,2002,6efore me,the undersigned ofticer,
personally appeazed Eleanor Baltimore,known to me(or satisfactorily provsn)to be the
, � person whose name is subscribed to the within instrumeni,and acknowledged that she
executed the same for the purpose therein contained.
FN WITNESS WHEREOF,I have hereunto set my hand and notarial seal.
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.IFJWHE Y.SPAONOlO,Notary V�ddlo .
. wrdsburQ.DawiAn Countr .
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Exhibit "C"
DOROTHY WILLIAMS' EXPENSES FOR 520 RADNOR STREET('2014)
City of Harrisburg Property Taxes $ 2,048.72
City of Harrisburg City Monthly Utilities $ 880.d0
Foremost Insurance Home Owner's Insurance $ 845.00
George Wiles Plumbing Repairs $ 390.00
Lewis Electrical Electrical Repairs $ 2,000.00
Shipley Fuel Oil Fuel Oil (2 deliveries) $ 743.00
PPL Electricity $ 384.00
Shipley Fue) Oil Shipley Oil -yearly maintenance $ 539.87
John Bailor Lawn maintenance $ 150.00
Tony Carsy General maintenance to out- $ 500.00
side of house; painting porch, removing
carpet, cleaning of outside
Lowe's Supplies $ 193.00
Fagger's Supplies $ 14.00
$ 8,687.59
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
Petition was served by first class United States mail, postage prepaid, upon the following:
Kevin E. Hicks
2636�Torth Sixth Street
Harrisburg, Pennsylvania 17110;
- William N. Hicks
4039 Camby Street
Harrisburg, Pennsylvania 17103;
Eric L. Hicks
2722 Reel Street
Harrisburg, Pennsylvania 17110; and
Pearl L. Hicks
Golden Living Center
46 Erford Road
Camp Hill, Pennsylvania 170ll.
Date: �O I 3O I �4 �o,���l' Ya-�---
aun E. O'Toole
Attorney ID 4479�
202 State Street
Harrisburg, Pennsylvania 17101
717.695.0389
VERIFICATION
The undersigned hereby verifies that the statements of fact in the foregoing document are
true and correct to the best of my knowledge, information and belief. I understand that any false
statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904,relating to
unsworn falsification to authorities.
� '
Date: `�