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Home My WebLink About04-25-06 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISIOlb ~~ 'n ~c: P :~; :~ S3 .;,:".:... I.....I",A... i:.-: (") 0 ::0- C) 0 " ::;t: (..)c: ::IJ - --I .. PETITION FOR AUTHORITY TO UTILIZE PRINCIPAL OF THE ES~TE FOB, CARE AND MAINTENANCE PURSUANT TO 20 Pa. C.S. &5536la) Ul IN RE: LILLIAN G. HUNTZ '" = <= c::T' An alleged incapacitated person : NO. 21-06-0146 ;;> -0 :::0 N Ul On the Petition of JACQUE BRINK and BERNETTE HUNTZ AND NOW, come Petitioners Jacque Brink and Bernette Huntz, by and through their attorney, Marielle F. Hazen, Esquire, and file this Petition to Utilize Principal of the Estate for Care and Maintenance Expenses and in support hereof aver as follows: 1. Petitioners, Jacque Brink and Bernette Huntz, are the daughters of Lillian G. Huntz. Jacque Brink resides at 503 Schley Avenue, Frederick, Maryland, 21702, and Bernette Huntz resides at 706 Linwood Street, New Cumberland, Pennsylvania 17070. 2. By Order of Court dated March 28, 2006, Jacque Brink and Bernette Huntz were appointed Plenary Co-Guardians of the Person and Estate of Lillian G. Huntz. Lillian G. Huntz was adjudicated to be incapacitated and unable to manage her financial affairs. A true and correct copy of the Order is attached hereto as Exhibit "A." 3. Lillian G. Huntz has been diagnosed with breast cancer and moderate dementia. She currently resides at 105 Valley Road, Summerdale, Pennsylvania 17093. She requires 24- hour care and currently has a full-time caregiver to provide care in her home. Lillian G. Huntz is expected to require this level of care for the remainder of her life. 5. Lillian G. Huntz's total resources are approximately Two Hundred Eighty Thousand Dollars ($280,000.00), including her residence, and approximately One Hundred ~D I.T'f Z=s i.~.~ I~""} '-__J (--) -':'J"-, - i:J () _ rTl (j") ,-."") -",~ C/ Thirty Thousand Dollars ($130,000.00) in savings and investments. Her total monthly income is approximately One Thousand, Five Hundred Seventy Dollars ($1,570) per month. 6. Pursuant to the Probate, Estates, and Fiduciary Code, 20 Pa.C.S. 95536(a), the co- guardians are authorized to use all of Lillian G. Huntz's income for the care and maintenance of Lillian G. Huntz. Lillian G. Huntz's income is not sufficient to cover the cost of maintaining her home and paying the full-time caregiver. 7. Pursuant to 20 Pa.C.S. 95536(a), Court authorization is required to expend principal of the estate for the care and maintenance of an incapacitated person. The co-guardians will need to use principal to pay the taxes for Lillian G. Huntz's property and to pay her medical and care expenses. 8. Petitioners believe, and therefore aver, that it is in Lillian G. Huntz's best interests to utilize principal of her estate for legal fees, real property taxes and maintenance, medical expenses and care expenses WHEREFORE, Petitioners request this Honorable Court to enter an Order, pursuant to Probate, Estates, and Fiduciary Code, 20 Pa.C.S. 95536(a), authorizing Jacque Brink and Bernette Huntz, jointly and/or severally, as Co-Guardians of the Person and Estate of Lillian G. Huntz to expend principal from the estate of Lillian G. Huntz for legal fees, expenses to maintain Lillian G. Huntz's real property, medical expenses and care expenses. Dated: ~ 23, 2.,,{)@~ Respectfully submitted, ~. .. ~arielle~ Attorney ID No. 68003 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717) 540-4332 Attorney for Petitioners STATE OF MARYLAND SS: COUNTY OF FREDERICK ~ ~ On this, the ! I 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. ~~., ~,~.d .c" ! SWORN to and subscribed before me this I pt- day of apM , 2006. ~bw~ brvaJL Notary Public ~ ~omm. Exps. b~~1.2009 -~- IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 21-06-0146 On the Petition of JACQUE BRINK and BERNETTE HUNTZ VERIFICA TION 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 PA.C.S. S 4904, relating to unsworn falsification to authorities. ~~~ ~~p~' JA UE NK { IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS :OFCUMBERLANDCOUNT~ : PENNSYL VANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 21-06-0146 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 PA.C.S. ~ 4904, relating to unsworn falsification to authorities. ~wH BERNETTE HU COMMONWEALTH OF PENNSYLVANIA COUNTY OF G.utnbe-rlo.-n d.. SS: On this, the ll-l:.~ day of BP n \ , 2006, before me, the undersigned officer, personally appeared Bernette Huntz 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. ~ fi) BERNETT~~ SWORN to and subscribed before me this \rU" day of F\~(l ~ ,2006. ~%o~ N~tary b' NOTARIAL SEAL SAllY B. McCOY, Notary Public East Pennsboro Twp., Cumberland County My Commission expires May 20, 2007