Loading...
HomeMy WebLinkAbout02-14-06 IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. _.~) On the Petition of JACQUE BRINK and BERNETTE HUNTZ -0 ~-) PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE PERSON AND ESTATE OF AN ALLEGED INCAP ACIT A TED PERSON (' - .~ L. , TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COME, Petitioners, JACQUE BRINK and BERNETTE HUNTZ, by and through their attorney, Marielle F. Hazen, Esquire, and file the within Petition for the Appointment of Co- Guardians of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, aver as follows: 1. LILLIAN G. HUNTZ, the alleged incapacitated person, currently resides at 105 Valley Road, Summerdale, Pennsylvania 17093 . She is eighty-one (81) years old, her date of birth being March 13, 1924. 2. Petitioners are two of LILLIAN G. HUNTZ's four children: JACQUE BRINK (daughter), of 503 Schley Avenue, Frederick, Maryland 21702; and BERNETTE HUNTZ (daughter) of 706 Linwood Street, New Cumberland, Pennsylvania 17070. 3. LILLIAN G. HUNTZ is not a patient in a mental hospital. 4. The names and addresses of those persons who would be the intestate heirs (or next of kin) of LILLIAN G. HUNTZ are her four (4) children as follows: JACQUE BRINK, of 503 Schley Avenue, Frederick, Maryland 21702; BERNETTE HUNTZ, of 706 Linwood Street, New Cumberland, Pennsylvania 17070; SHIRLEY SURO, of 1214-F Cumberland Road, Harrisburg, Pennsylvania 17103; and JAMES HUNTZ, of601 Rupley Road, Camp Hill, Pennsylvania 17011. 5. The name and address of the person or institution providing residential services to LILLIAN G. HUNTZ are as follows: None. LILLIAN G. HUNTZ is currently residing at home. She has a full-time caregiver in her home to provide care and Hospice of Central Pennsylvania provides additional care services in the home. 6. The names and addresses of other service providers are as follows: Michael A. Demichele, M.D, Associated Cardiologists, P.C, 856 Century Drive, Suite A, Mechanicsburg, Pennsylvania 17055; (717) 697-3304. 7. LILLIAN G. HUNTZ was not a member ofthe Armed Services of the United States nor is she receiving benefits from the United States Veterans Administration. 8. The Petitioners asks that they, JACQUE BRINK and BERNETTE HUNTZ, be appointed as Co-Guardians, acting jointly and/or individually for the person and estate of LILLIAN G. HUNTZ. The proposed guardians are the daughters of LILLIAN G. HUNTZ. 9. The proposed co-guardians have no interests that are adverse to the interests of LILLIAN G. HUNTZ. 10. Petitioners believe, and therefore aver, that no Court has ever assumed jurisdiction in a proceeding to determine whether LILLIAN G. HUNTZ is incapacitated. 11. Petitioners believe, and therefore aver, that LILLIAN G. HUNTZ has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 12. The reasons why this guardianship is being sought are as follows: LILLIAN G. HUNTZ is unable to manage her financial affairs or to make decisions regarding health care/medical decisions, due to moderate state Alzheimer's type dementia which totally impairs her ability to receive and evaluate information and to make and communicate decisions to safeguard her financial and physical well-being. 13. LILLIAN G. HUNTZ currently has a full-time caregiver, however, Petitioners are concerned about the quality of care being provided and believe LILLIAN G. HUNTZ's physical well-being is at risk. 14. The functional limitations and physical and mental condition of LILLIAN G. HUNTZ are: LILLIAN G. HUNTZ is not able to manage her financial affairs, nor is she able to make competent decisions as far as her welfare is concerned. LILLIAN G. HUNTZ requires some level of assistance with all of her activities of daily living. 15. The following steps have been taken, in order to find less restrictive alternative to the appointment of a guardian: LILLIAN G. HUNTZ is not competent to execute a power of attorney. No less restrictive alternatives are available to adequately provide for the physical and financial care of LILLIAN G. HUNTZ 16. The Petitioners request that the co-guardians be granted powers to act for LILLIAN G. HUNTZ in the following specific areas: financial management, and medical and health care affairs including care and placement decisions, access to all medical records, including psychiatric records, and the power to make all decisions regarding medical treatment and life support. 17. Petitioners also request that they, in their capacity as plenary Co-Guardians (jointly and/or individually) of the Person and Estate of LILLIAN G. HUNTZ, have the power and authority to serve as personal representatives (jointly and/or individually) for LILLIAN G. HUNTZ for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L.l 04-191), 45 CFR Sections 160 through 164, including but not limited to full authority to review her medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. 18. The proposed co-guardians have the following qualifications: The proposed co- guardians are the daughters of LILLIAN G. HUNTZ. The proposed co-guardians love and care for LILLIAN G. HUNTZ. 19. LILLIAN G. HUNTZ's assets total approximately Two Hundred Eighty Thousand Dollars ($280,000.00), including her residence and approximately One Hundred Thousand ($100,000.00) in savings and investments. 20. LILLIAN G. HUNTZ's net income from all sources totals approximately One Thousand Five Hundred Seventy Dollars ($1,570.00) per month. Petitioners respectfully request that the Court, under Section 5511 ofthe Probate, Estates and Fiduciaries Code, issue a Citation to LILLIAN G. HUNTZ, LILLIAN G. HUNTZ's next of kin, and to such other persons as the Court directs, to show cause why LILLIAN G. HUNTZ should not be adjudged to be an incapacitated person and plenary co-guardians of her person and estate be appointed. Respectfully submitted, Date: c;)..- \ oll oft, 01fk~qUire Attorney for Petitioners Court ID No. 68003 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717)540-4332 r---- COMMONWEAL TH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the day of , 2006, before me, the undersigned officer, personally appeared Jacque Brink who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. JACQUE BRINK SWORN to and subscribed before me this day of , 2006. Notary Public COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the 3cfh day of ~cVnua ref ' 2006, before me, the undersigned officer, personally appeared Bernette Hunz who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~~~ BERNETTE H Z SWORN to and subscribed before me this ~ day of -1{/LlIU a rc.1 r ~%IV , 2006. NOTARIAL SEAL SALLY B. McCOY, Notary Public East Pennsboro Twp., Cumberland County My Commission Expires May 20, 2007 g~+c J' tll~'1 ~ Ce>M~lur4WEAlTH OF PENNSYl '.'.A~l'nA COUNTY OF DAUflIIH ~r eoi~vi' &'- ~ g On this, the ;? 7 day of tfL,- . , 2006, before me, the undersigned officer, personally appeared JACQUE BRINK ho, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. SS: ~r SWORN to and subscribed before me this :J 7 day of J a-..... u~ ' 2006. ~~beA (J{y.~ Notary Public '( ~y Comm. EXPS.$,2009. COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the day of , 2004, before me, the undersigned officer, personally appeared JACQUE BRINK who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. BERNETTE HUNTZ SWORN to and subscribed before me this day of , 2006. Notary Public IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of JACQUE BRINK and BERNETTE HUNTZ VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A.C.S. ~ 4904, relating to unsworn falsification to authorities. ~Qi!f~ BERNETTE HU IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of JACQUE BRINK and BERNETTE HUNTZ CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed co-guardian of the person of LILLIAN G. HUNTZ is JACQUE BRINK. 2. The name of the proposed co-guardian of the estate of LILLIAN G. HUNTZ is JACQUE BRINK. 3. The proposed co-guardian speaks, reads and writes the English language. 4. The proposed co-guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardian is self-employed as a Realtor. 6. The proposed co-guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: 1-{:11~ tJ (p ~~ JA QU RIN~ IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of JACQUE BRINK and BERNETTE HUNTZ CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed co-guardian of the person of LILLIAN G. HUNTZ is BERNETTE HUNTZ. 2. The name of the proposed co-guardian of the estate of LILLIAN G. HUNTZ is BERNETTE HUNTZ. 3. The proposed co-guardian speaks, reads and writes the English language. 4. The proposed co-guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardian is employed at Highmark Blue Shield. 6. The proposed co-guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: / - ~O -O~ A3A/)!Oiff~ BERNETTE HU IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of JACQUE BRINK and BERNETTE HUNTZ VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 P A.C.S. ~ 4904, relating to unsworn falsification to authorities. ~Q~~ BERNETTE HU PRAECIPE/REQUEST In The Court of Common Pleas To be filed with the Clerk of the FOR ASSIGNMENT Cumberland County Pennsylvania Orphans' Court INRE: LILLIAN G. HUNTZ, an alleged incapacitated person DOCKET # Estimated Hearing/Conference Time: 1 Day(s) 1 Hour(s) SPECIFIC MATTER TO BE ASSIGNED (Check Only One Category) Assignment Proceedings and Conferences Adoptions Compel Accounting Sale of Real Estate InvoluntaryNoluntary Termination Objections to Account Attorneys Fees X Guardian of Incapacitated Person Proceedings Against Fiduciaries Status Conference Discharge Guardian Will Contest Argument Guardian of Minor Inheritance Tax Appeal Other (describe) Minor Settlement Terminate Trust Wrongful Death/Survival Dissolution of Corporation/Charity Name(s) and Judge(s) of related case(s) Docket number(s) of related case(s) Date: 0"2- \o'-t \010 A~~J~ Re:ndent NAMES, ADDRESSES, E-MAILS & TELEPHONE NUMBERS OF ALL COUNSEL INVOLVED (use back of form for additional names and addresses) For the Petitioner(s): Telephone No. Marielle F. Hazen, Esq. 717 -540-4332 For the Respondent(s): Telephone No. The Law Office of MARIEI.u: F. HAzEN Certified Elder Law Attorney* An Estate Planning and Elder Law Firm 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 TEL: (717) 540-4332 FAX: (71 7) 540-4313 www.hazenelderlaw.com Marlelle F. Hazen, JD, CELA * Jeta C. Combs, Paralegal Jessica A. Holland, Paralegal Catherine M. Semon, Paralegal Kim M. Smith, Office Administrator February 13, 2006 Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PAl 7013 Re: Lillian G. Huntz, an alleged incapacitated person Petition for Guardianship To the Register of Wills: Enclosed for filing please find the original and one copy of the Petition for Guardianship of the Person and Estate of Lillian G. Huntz. I am also enclosing a check in the amount of $50.00 for the filing fee. Please date-stamp the copy of the Petition and return it along with the signed Preliminary Order of Court to me in the enclosed envelope. Thank you for your time and assistance. Should you have any questions regarding the enclosed document, please do not hesitate to contact our office. Sincerely, O~Vvi~~ Cathy Semon Paralegal ferns Enclosures ec: Jacque Brink Bernette Huntz ..,. - *Certified Elder Law Attorney by the National Elder Law Foundation as authorized by the Pennsylvania Supreme Court