HomeMy WebLinkAbout05-13-15 IN THE MATTER . IN 1'HE COURT OF COMMON PLEAS OF
GEORGIA D. JOHNSTONE, . CUMBERLANll COUNTY, PENnSYL�dNI D �
AN ALLEGED . ORPHANS' COURT DNISIQ�1' o � �7i o
INCAPACTTA'CED PERSON . N0.21-09-00377 � =_.', � ?, =;
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PETITION UNDER SECTIOYS 5515 AND 5123 OF THE PROBATE� _� '-�.',
ESTATFS AND FIDUCIARIES CODE TO DECREASE THE AMOUN7',�F THE �� �=''
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FIDUCIARY BOND - c� - � n
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To The Honorable Judges of the Cumbedand Counry Court:
Gazy J. Muccio, Guardian of the estate of Georgia D. Johnstone, by xnd through his
attomeys, McNees Wallace&Nurick, LLC, filcs this petition for a durease in thc amount of
fiduciary bond undcr Sections 5515 and 5123 of thc Yennsytvania Probate, Estates a�d
Fiduciaries Code and represents that:
1. Georgia D. Johnstone("Ms. Johnstone") resides at Bethany Village, 5225 Wilson
L,ane, Mechaoicsburg Cumbedand County, Pennsylvania and has resided in such Caciliry sinee
Mazch 22, 2009.
2. Ms. Johnstone suffers from sevecc dementia, Alzheimer's type and as a result
requires constant care.
3. Ms. Johnsmne has exhausted her assets and is currently on medical assistance.
4. True and complete copy of the annual report of the Guardian for the period ending
March 31. 2015 is attached hereto as Exhibit A.
5. Petitionec filed a bond wilh the Cumberland Counry Court of Common Pleas on
June 19, 201 Q in the amount of$1,000,000.00 on which the Ohio Casualty is surery. The
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amount of the bond was based on an estimate of the total funds that the Guardian anticipated
receiving from the Conservatorship in California where Ms. Johnstonc had previously resided.
6. The Guardianship Bond was reduced by Orders of Court datcd June 5, 2012 and
May 1Q 2013 to $465,171.29 and $291,219.'75 respectivety.
7. The curcent value of the Guazdianship Estate as of March 3l, 2015, is $19,251.48.
8. The Guardian requests the climination of the bond to preserve the asscts of tlie
Guazdianship Estare for the care of Ms. Johnsto�e.
WHEREFORE, Yetitioner cespectfully xequests that this Honorable Court enters an
order to remove the bond cequirement for the Gua�dianship.
RESPF,C"CFULLY SUBMITTED,
MeNees Wallace&Nurick LLC
�Y' —
iza Mullaugh
e Cour . � 76397
100 Pine Strcct
P.O. Box 1166
Hamsburg PA 17108
(717)237-5243
Attorney for Peti[ioner Gary J. Muccio
DATE: May�_, 2015
IN THE MATTER . IN THE COURT OF COM110N PLEAS OF
GF.ORGIAD.JOHNSTOnE, . CUMBERLANDWUNTY, PENNSYLVANIA
AN ALLEGED . ORPHANS' COURT DIVISiON
INCAPACiTATED PERSON . NO. 21-09-00377
VERIFICATION
I, Gary J. Muccio, hereby verify that the facfs co�tained in the foregoing Petition arc true
and correct to thc best of my knowledge, information and belie£ I understand that false
statements herein aze subject to the penalties of 18 Pa. C.S.A. §4904 relating m unswom
falsification to authorities.
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Gary ccio
DATE: May QJ�, 2015