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Home My WebLink About09-25-79 MYERS. MYERS. FLOWER Be JOHNSON ATTORNEYS AT LAW THIRD 8r MARKET STREETS LEMOYNE. PENNA. 1 W. HIGH STREET CARLISLE. PENNA, ~. I . .. . . IN THE MATTER OF CLARA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA I. WAY, AN INCOMPETENT ORPHANS' COURT DIVISION NO. 680 ORPHANS' 1978 ORDER OF COURT AND NOW, to wit, this dJ day of September, 1979, upon consideration of the Petition of the Guardian of the incompetent, a hearing is set for ~ the / )- day of 1/,' hi 0' clock ~ .M. , C/Lu- ,1979, at I in Court Room No. in the Court House at Carlisle, Pennsylvania, in order to consider the Guardian's request to expend principal to meet the expenses of maintenance and care of the incompetent which are in excess of the income received by the Guardian. ;la days notice of this hearing shall be given by , certified mail to the next of kin. BY THE COURT, .' )fi(~Ll~ //""J .r ~J. " ,. -'.I n J-~ ,... 68-~ D~!~'.~ ... rJ ':.._.~ '! ,.,.... .- MYERS. MYERS. FLOWER & JOHNSON ATTORNEYS AT LAW THIRD 8r: MARKET STREETS LEMOYNE, PENNA, 1 W. HIGH STREET CARLISL.E. PENNA.. IN THE MATTER OF CLARA IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY,PENNSYLVANIA I. WAY, AN INCOMPETENT ORPHANS' COURT DIVISION NO. 680 ORPHANS' 1978 ORDER OF COURT Of~1979' AND NOW, to wit, this '{Iff day upon consideration of the Petition of Dauphin Deposit Bank and Trust Company, Guardian of the Incompetent, it appearing that the income is insufficient to meet the expenses of maintenance of the incompetent, her incidental expenses and administrative expenses, the Guardian is hereby authorized to \: BY THE COURT, ~ ~ .... ~ " -.. \?? r:. (i- ~) "l._~ _. ~ "-..) -0 IN THE MATTER OF CLARA IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY,PENNSYLVANIA I. WAY, AN INCOMPETENT ORPHANS' COURT DIVISION NO. 680 ORPHANS' 1978 PETITION TO INVADE PRINCIPAL FOR MAINTENANCE PURSUANT TO SECTION 5536 OF PENNSYLVANIA CONSOLIDATED STATUTES (20 Pa. C.S.A. 5536) TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Dauphin Deposit Bank and Trust Company, Guardian of Clara I. Way, incompetent, respectfully represents: 1. That your Petitioner is Dauphin Deposit Bank and Trust Company of Harrisburg, Pennsylvania. 2. That on the 20th day of December, 1978, Clara I. Way was adjudged an incompetent and Petitioner was appointed Guardian of her estate. A copy of the Order of Court is attached hereto as Exhibit "A" and incorporated herein. 3. Clara I. Way, since the date of said appointment, has been and is now a resident of a nursing home, Blue Ridge Haven West. 4. The principal assets held by the Petitioner consist of the following: Dauphin Deposit Bank & Trust Co., Statement Passbook 5.5% CCNB Passbook 5.5% Cumberland Valley Savings & Loan 5.5% First Bank and Trust Co. 6% Certificate of Deposit Fixed Income Fund Amterre Development Inc. 15 shares CCNB 345 shares Real Estate 163 Susquehanna Avenue, Enola $80.00 rent22,500.00 110 E. Dauphin Street, Enola 23,500.00 $ 2,354.79 5,908.74 3,500.00 23,000.00 13,996.92 30.00 4,140.00 Total $98.930.45 5. The monthly income received by the Guardian consists of the following: MYERS. MYERS. FLOWER & JOHNSON LEMOYNE. PENNA. Railroad Retirement Rent - 163 Susquehanna Avenue, Enola Interest $ 520.97 80.00 465.00 ATTORNEYS AT LAW THIRD & MARKET STREETS I We HIGH STREET CARLISLE. PENNA. Total $ 1,065.97 - 1 - :'L~i.:. ir.,-" " " !h -~ :_' "-J\.;? I:. G78 6. The monthly expenses of the Guardian paid out for the benefit of the incompetent are as follows: Blue Ridge Haven west, maintenance Utilities and Real Estate Taxes $1,200.00 50.00 Total Monthly Expenses $1,250.00 7. The September payment is now due for Clara I. Way's maintenance at Blue Ridge Haven West in the amount of $1,200.00, and the cash on hand to make such payment is $600.00, an amount insufficient to meet such obligation. 8. The monthly income being insufficient to meet the monthly expenses, Petitioner requests your Honorable Court to make an Order authorizing the expenditure of principal to meet expenses as aforesaid as well as costs of administration of the Guardian account. WHEREFORE, your Petitioner requests your Honorable Court to make an Order authorizing the expenditure of principal from the personal property funds held by the Guardian for the maintenance of the incompetent, as well as incidental expenses in carrying out the duties of Guardian and the administration of the incompetent's estate, in accordance with Section 5536, Pennsylvania Consolidated Statutes. DAUPHIN DEPOSIT BANK AND TRUST COMPANY By ~ /-K/L Thomas W. Walker, Trust Officer ~:...:L~i'" ...~ [L~ .... -~J ~ jJ j ,0, .... 61~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF \~.L~ L~~_\'- <-L-"'----' THOMAS W. WALKER, Trust Officer of Dauphin Deposit Bank and Trust Company, Petitioner in the above-captioned action, being duly sworn according to law, deposes and says that he is authorized to make this affidavit, and that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. ~/~ Thomas W. Walker : ~;;; -- , ....~ '. (.?" /l (/ " , r: 0 .\'" " Sworn to and subscribed before me ,-, \'l '(.~ -4/) . ".:,/", '0tlif~ ;20 t-L> day of ~ c.iJ--le ",-k'L- __~~..~~~:, ~ ......::'~ i-.- ~).A ? ~ ','.' ('\"\ , '~.', ~ C) , n ~::o ) j ,() .:~ ' ,,;:v." ;'<:c.cryc, CI.. cut- L. ' - . L (':;7::> T\..Q ~. '). " ' . , 'i,~~~~~,::-"~ J L:':'T\.': :::'0":: J .... , 1979. :: ~ . :'-~ . , " ,( MV Commission E.,ires DeCC:II~ I. 1980 HarrisburQ. PA ~ eo.ty ..~,.., ," ~80 ,'t , ,,~.") i. '.' U :J~~'.:. __ -- \ 5 ii, h ! I IN TH! MATTER 0'" I' , \ CLJ~RA I. WAY, .1\N I: t ALLEGED I NCOMPETEN'Y' I I IN THr: COUHT OF' COMfltoN PLEAS or CUM!H~RL.l\ND COUNTY, PEN~SYl.v~NIA ORPHJ\NS' coeR'!' DIVJSIO~ NO. 680 OHPHAN$' 1 ') 7 E ORDER OF COURT --............------ AND NOW, thin It.. ,II~. -;'lay of ;f<..A"-'~~. , 197f1, dlearin.g in 'this CaSE! Q.&yin9 been h~d, on DecembE~r 20, 197H, the 1'1 f.lc..A*~~ """,,., ....,~ ~~ <) . f!N,-~"" /If ~ ' Court finds ft4,m ~$i tive teeltiR:myJ-., tha€'cthe wel fare of Cloiua :. Way would not be! prelnoted by her presence in C01.J.rt at said ~, hearing I and thE~ Court, furthE~r finds frc,m the t.e~tStimony th~~~t thlE? said Clara t. Way is unable to manage her property, i8 likely to dissipate the same err becOllti!: the vic~im of desi;~ning per~or,Sj it is, therefore, ordered and directed that the said Clara ", Way be and is hereby adj udged an incompetent and tlH~ Dauphin Depos i t 'Bank and "1'rust Company is appointed Guardian of Clara I. Way's it Est,ate. I I BY THE COURT, II . "1 T., 'r ('.rr r ',nil n. t ,,-, ).1. '_, f l"'1' . _; t '!'~; I It:"'.. t ~.,' t \t'. ~J' i !I I I I il II ; ~ ;:"i~> ~~~~,:' '"r" ~_~ I-:'~~, t ;s..__ C\ "!~iA~~!:k ... ~ ~{ , . I ',,' .,/ 'fl\<. .~, Y -,r.. If, ) '''iit. 'Ir lOl''M'&' '-'!:f I i ", 'i ~. It "' _i, ... -" ~, ... t ~ '" . .,,\ _ , ,t,"'" ;....,*"'~,S"I' I ;L<"!!~~ ,,,,,~:,'...N~" ,..,..."l~'~ EXHIBIT "A"