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Home My WebLink About04-22-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: Estate of Michael D. Politzer-Hardy, A minor under the age of fourteen years No. 2005 - ~ ,.....) C"".) :;':.:::::} LT\ PETITION FOR DISTRIBUTION OF PRINCIPAL FOR CARE OF A MINOR IN ACCORDANCE WITH 20 Pa. C. S. & 5164 i~ r-.."'l r..,) (",) L;'\ TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES the Petitioner, Geneva B. Politzer, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and respectfully states as follows: 1. Petitioner is the mother of Michael D. Politzer-Hardy, a minor eleven years of age. 2. Michael D. Politzer-Hardy, the minor, was born on June 6, 1993, and resides with the petitioner, at 42 Kenwood Avenue, Carlisle, Cumberland County, Pennsylvania. 3. By petition of even date herewith, the petitioner has requested that the F&M Trust Company and the petitioner be appointed co-guardians of the estate of the minor, with respect to sixteen thousand ($16,000) dollars of life insurance proceeds of which the minor is beneficiary. 4. The minor suffers from Klippel- Trenaunay Syndrome, an incurable medical condition characterized by vascular malformations resulting in the formation of blood vessels on the exterior of the skin, and impaired functioning of internal organs. 5. The minor's condition has required twenty-six surgeries, including partial amputation of the minor's lower extremities, among other treatments. 6. The minor is scheduled for additional surgery at Boston Children's Hospital on June 22,2005, a complex higher-level amputation which cannot be performed locally. 7. Provided that no post-operative complications occur, the trip to Boston, including out-patient pre-operative and post-operative appointments, will cost approximately $1,200 for transportation, meals, and lodging. 8. Upon the minor's return home, several weeks of painful recuperation are anticipated, and the minor would benefit from the purchase of a "memory-foam" mattress pad and other durable medical equipment not covered by insurance. I/:? ' 9. During the minor's recuperation, home nursing assistance may be available, but the petitioner's presence is required by the nursing agency, and her employment will consequently be interrupted during this period. 10. The minor's frequent hospitalizations has made it difficult for the petitioner, currently employed as a teacher's aide at Carlisle School District, to maintain steady full-time employment. 11. The minor's deceased father spent the last seven years of his life in prison and never paid child support. 12. Without help from the minor's father, and limited in her ability to maintain full-time work as a result of the minor's unusual needs for care, the petitioner has not been able to provide certain items that would help meet the minor's special needs, beyond the fundamental requirements of food, shelter and ordinary care and support. 13. The petitioner's vehicle, a 1985 Volvo, is not wheelchair-enabled, but with repairs or modifications estimated at $500 - $600, the rear hatch can be adapted to accommodate the minor's wheelchair. 14. Although the petitioner has heretofore been able to carry the minor, this becomes more difficult as he grows; therefore the minor would benefit from handicap accessibility modifications to his dwelling, including a wheelchair ramp, so that he can self-propel into and around the interior of the dwelling. 15. No previous principal allowance has been made on behalf of the minor. WHEREFORE, petitioner respectfully requests that this Court authorize the corporate co- guardian of the minor's estate to expend funds from principal for the following purposes, without further order of court: a. $1,200 for transportation, meals, and lodging to be incurred during June of2005, in connection with the minor's surgery at Boston Children's Hospital. And petitioner further prays that the corporate co-guardian be authorized to disburse the funds requested at this item "a" directly to petitioner prior to the trip to Boston, with no portion subsequently justified by appropriate receipts to be required to be refunded by petitioner. b. Up to $1,000 to purchase a "memory-foam" mattress pad and other durable medical equipment not covered by insurance. c. $500 - $600, for repairs to the petitioner's 1985 Volvo, to adapt the rear hatch to accommodate the minor's wheelchair. d. Up to $1,500 to construct appropriate handicap accessibility modifications to the minor's dwelling, including a wheelchair ramp. e. $500 to the petitioner's attorneys, for fees incurred in preparing the petition for guardianship. Dated: ifl:J/~~ Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY BY:~~ Thomas E. Flower S.Ct. #83993 2109 Market Street Camp Hill, PA 17011 (717) - 737 - 3405 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: Estate of Michael D. Politzer-Hardy, a minor under the age of 14 years. Orphans' Court Division No. - 2005 VERIFICATION I, Geneva B. Politzer, hereby verify that the statements made in the foregoing Petition are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. S 4904, relating to unsworn falsification to authorities. DATED: f!tq I bS BY~r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In re: Estate of Michael D. Politzer-Hardy, A minor under the age of fourteen years No. 2005 - 31 rt r',..) r.:' PETITION FOR THE APPOINTMENT OF CO-GUARDIANS OF THE ESTAT~ OF A;") , ()" MINOR UNDER THE AGE OF 14 YEARS PURSUANT TO 20 Pa. C. S. & 5111(a) TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES the Petitioner, Geneva B. Politzer, by and through her attorneys, Saidis, Shuff, Flower & Lindsay, and respectfully states as follows: 1. Petitioner is the mother of Michael D. Politzer-Hardy, a minor eleven years of age. 2. Michael D. Politzer-Hardy, the minor, was born on June 6, 1993, and resides with the petitioner, at 42 Kenwood Avenue, Carlisle, Cumberland County, Pennsylvania. 3. The minor is the child of the petitioner and David Hardy, who died on July 2,2004. 4. It is necessary that a guardian of the estate be appointed for the minor because the minor is the beneficiary of sixteen thousand ($16,000) dollars representing death benefit proceeds of an Aetna life insurance policy on the life of David Hardy, deceased. 5. The petitioner proposes that F&M Trust Company be appointed as corporate co-guardian, with the petitioner, of the minor's estate. 6. Several employees of F &M Trust Company's office in Boiling Springs have become acquainted with the minor and are familiar with his condition, and F&M Trust Company has consented to serve as corporate co-guardian of the minor's estate (consent attached hereto as Exhibit A). 7. The petitioner requests to be appointed as co-guardian of the minor's estate, because the minor suffers from Klippel- Trenaunay Syndrome, an unusual and severe medical condition likely to give rise to periodic requests to this court for authority to make principal disbursements from the minor's estate. 8. No guardian of the minor's estate has been appointed by a court of this Commonwealth. ~t 9. The minor also has an interest in a death benefit, in the amount of fourteen thousand eight hundred ($14,800) dollars, payable by the Public School Employees' Retirement System ("PSERS") as a result of his father's death. 10. The minor's paternal grandmother, Ann Marie Ripley, who resides at 52 Jackson Avenue, in Rutland, VT, was designated by the minor's deceased father as guardian of the PSERS pension death benefit. 11. PSERS' Office of General Counsel has informed the petitioner that PSERS does not have the authority to appoint a corporate co-guardian within the minor's county of residence, or to require a bond from the guardian designated by the Decedent for the minor beneficiary. 12. No successor guardian of the PSERS pension has been designated. 13. The petitioner believes that the minor's best interests require that the Aetna life insurance proceeds be entrusted to the care of a local corporate guardian. WHEREFORE, petitioner requests that this Court appoint F &M Trust Company and the petitioner, Geneva B. Politzer, as co-guardians of the estate of Michael D. Politzer-Hardy, a mmor. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: tf I~rf;-- By: ~~ Thomas E. Flower S.Ct. #83993 2109 Market Street Camp Hill, PA 17011 (717) - 737 - 3405 717-243-6486 SAIDIS SHUFF FLOWER 490 P02/02 APR 18 '05 12:10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA ORPHANS' COURT DIVISION In 'fe: Estate of Michacl. D. Politzcr-Haz-dy. A minor under the age of fo\Utcl,,'tl years No. 2005 ACCf.~TAJI{CE BY CQRPOMTE CO-GQARl1IAN The F&M Trust Company agrees to accept th{~appointrnent a~ co-guardian of the estate of Micb3el D. Politzer-Hardy. a minor, and certifies that it is not a fiducicuy of any estate in whiC'h tbe minor has an interest nor the surety of s\lch a fiduciMy. aud that this company has 11Q interest adverse to the minor. Dared: ~ 2005 v'..u~ i?~-- (Title) f/kIJ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In re: Estate of Michael D. Politzer-Hardy, a minor under the age of 14 years. Orphans' Court Division No. - 2005 VERIFICATION I, Geneva B. Politzer, hereby verify that the statements made in the foregoing Petition are true and correct, to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 9 4904, relating to unsworn falsification to authorities. DATED: f!''l I bS BY~r