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Home My WebLink About10-27-05 I' IN RE: ESTATE OF DANIEL J. WHARE, AN INCAP ACIT A TED PERSON : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-05-263 ,,---) -;-\ -T-' -'[ 1 , C~) - /.".-...... .' .- -'I \ _~_l PETITION FOR LEAVE TO DO ESTATE PLANNING BY GUARDIAN PURSUANT TO 20 Pa CSA ~5536(b)(8) TO THE HONORABLE, THE JUDGES OF SAID COURT, -j t',J -..I AND NOW, comes Petitioner, Amy L. Heller, by and through her attorney, Marielle F. Hazen, and presents the within Petition for Leave to do Estate Planning by Guardian Pursuant to 20 Pa CSA S5536(b )(8), and in support hereof avers as follows: 1. Daniel J. Whare was adjudicated incapacitated on March 29, 2005, by.this Honorable Court and Amy L. Heller was appointed Plenary Guardian of the Person and, the Estate. A copy of the Court Order is attached hereto as Exhibit A. 2. Daniel J. Whare is divorced with two children, Michael J. Whare, of 36 <1:>tto Avenue, Carlisle, Cumberland County, Pennsylvania; and Amy L. Heller, of 65 May Drive, Dillsburg, York County, Pennsylvania, (Guardian and Petitioner herein). 3. Daniel J. Whare is 53 years old and on September 23, 2005, was admitted to Claremont Nursing and Rehab, of 1000 Claremont Road, Carlisle, Pennsylvania, a skililed nursing unit where he is expected to remain for the rest of his life. 4. Petitioner needs to be able to use Daniel J. Whare's principal to pay for his care and medical expenses. His care is currently being paid by his medical insurance, but those benefits will be exhausted and his principal will be needed to pay for care. 5. The current cost of care at the skilled facility is approximately $7,000 per month. II 6. The assets remaining in Daniel J. Whare's name consist of the following: a. Certificate of Deposit $11,641.82 b. Certificate of Deposit $ 8,713.66 c. Annuity $ 3,727.50 d. Annuity $ 3,500.00 e. Savings Account $ 4,206.17 f. Money Market Account $ 2,069.53 g. Life Insurance Policy $ 2,825.00 h. Life Insurance Policy $ 2,441.02 1. SEP Account $ 1,717,86 J. Checking Account $ 346.00 Total $41,188.56. 7. Daniel J. Whare has outstanding debts of approximately $10,000.00. 8. Daniel J. Whare receives income of $1,195 per month from Social Security Disability. Fortunately the current facility accepts Medical Assistance benefits so that there '\Vill be no need to relocate Daniel J. Whare and he will qualify for those benefits when his assetsiare exhausted. 9. Daniel J. Whare does not have a Will nor the capacity to sign a Will. Michael! J. Whare and Amy L. Heller are the intestate heirs of his estate. 10. There are no prepaid burial arrangements for Daniel J. Whare. 11. Petitioner needs the authority to use principal of Daniel J. Whare to pay atto~ey fees and prepaid burial expenses for Daniel J. Whare. 2 I' 12. In order to avoid complications with Daniel J. Whare's Medical Assistance application as well as upon his death, Petitioner is requesting that she be permitted as Guardian to transfer ownership of the Monumental Life Insurance policies to herself with the beneficiaries listed as Michael J. Whare and Amy L. Heller. This will remove the insurance policies ~s an impediment to Daniel J. Whare's eligibility for Medical Assistance benefits as well as a:void complications upon his death. This will be in keeping with Daniel J. Whare's wishes. 13. The son, Michael J. Whare, is in agreement with this request and his consent is attached hereto. 14. The change in ownership of the life insurance policies will not deprive Dani~l J. Whare of maintenance and support. In fact, it will aid him in obtaining the necessary assist~nce required. The plan is in keeping with his overall estate plan. WHEREFORE, Amy L. Heller requests this Court enter an Order permitting her purslJ.ant to Pa CSA ~5536(b )(8) to transfer ownership of the two Monumental Life Insurance polic~es, No. MM1895679 and No. W63056425 to Amy L. Heller and to designate the beneficiaries of said policies as Michael J. Whare and Amy L. Heller, both children of Daniel J. Whare. Furtlter, Petitioner requests Court approval to use principal of Daniel J. Whare for care and medi~al expenses, burial expenses and attorney fees. Date: /tJ/;2tJ/OS' I / Respectfully submitted, /~~ M~rie e F. Haze , Esquire Attorney for Petitioner Supreme Court ID No. 68003 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717)540-4332 ~ 3 IN RE: IN THE COURT OF COMMON PLEAS AN ALLEGED INCAPACITATED: CUMBERLAND COUNTY, PENNSYLVANIA PERSON, DANIEL J. WHARE ORPHAN'S COURT DIVISION NOJ,,05 .;. c1~3 ORDER OF COURT NOW, this ~ day of ""4.rcA. , 2005, on motion of Michael J. Whare, Esquire, upon consideration of the attached petition and after a hearing held following due notice, it is Ordered and Decreed that Daniel J. Whare is adjudged an incapacitated person. p \-c". #.~ a..J. 4.00 \"" lIrl'-c. Amy L. Heller is appointed guardian of the person"ofDaniel LWhare. No bond shall be ^ required of petitioner. By the Court, J. 1\ TRUE'COPY FROM RECORD 10 Testimony wherof, " hereunto set my hand and the'seal ' of $aid C04rt at Carlisle. PA ..- j1t~~:~ . ~ Clerk of the Orphans C~~....l.. Cumberland Coun .:l'- EXHIBIT "1\ :h; I' I :r J f i , 1 i j OCT-21-2005 09:55 AM MARIELLE_HA2EN,ATTORNEY 717 540 4313 1 r P.07 IN RE! ESTATE OF DANIEL J. WHARE, AN ALLEGED INCAPACIT A TED PERSON : IN THE COU RT OF COMMON PLEAS ! : CUMBERLAND COUNTY, PENNS\'LVA~IA : ORPHANS' COURT DIVISION : NO. 2]-05-263 CONSENT I, MICHAEL J. WHARE, do hereby agree to the request of Petitioner to tra~fer ownership of the two Monumental Life Insurance policies to Amy L. Heller and to the chan~e of benetlciary designations tbr the policies to Amy L. Heller and Michael J. Whare. rt1~ #~/I. MICHAELJ. WHARE! DATE: I()-;;/- 0 r 4 I' " IN RE: ESTATE OF DANIEL J. WHARE, AN ALLEGED INCAPACITATED PERSON : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 21-05-263 VERIFICATION I, AMY L. HELLER, verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties to 18 lPa. C.S. S4904 relating to unsworn falsifications to authorities. #tkaa<~ AMY . ELLER DATE:Jbj w\ oS- 5 II IN RE: ESTATE OF DANIEL J. WHARE, AN ALLEGED INCAPACITATED PERSON : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO. 21-05-263 CERTIFICATE OF SERVICE I, Cathy Semon certify that on October 26, 2005, I served a true and correct copy df the within Petition for Appointment of Guardian of the Person and Estate of an AUeged Incapacitated Person on the parties named below, by depositing same in the United States mail, postage prepaid as follows: Mr. Michael J. Whare 36 Otto Avenue Carlisle, P A 17013 Date: O~ 2-(P I :100 ~ , ~~~ Cathy Sem , Paralegal to: Marielle F. Hazen, Esquire Attorney for Petitioner Supreme Court ID No. 68003 2000 Linglestown Road, Suite 2([)2 Harrisburg, P A 17110 (717) 540-4332 6