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Home My WebLink About04-27-06 ./ IN RE: LILLIAN G. HUNTZ : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA : ORPHANS' COURT DIVISION j An alleged incapacitated person : NO. 21-06-0146 On the Petition of JACQUE BRINK and BERNETTE HUNTZ ORDER OF COURT ~~ , AND NOW, this 1.. , day of J.\ ~t \ , 2006, after consideration of the Petition for Authority to Utilize Principal of the Estate pursuant to 20 Pa.C.S. s5536(a), it is hereby ordered that Jacque Brink and Bemette Huntz, jointly and/or severally, in their capacity as plenary Co-Guardians of the Person and Estate of Lillian G. Huntz, shall have the authority to expend principal of the estate on behalf of Lillian G. Huntz for legal fees, expenses of maintaining Lillian G. Huntz's real property, medical expenses and care expenses. BY THE COURT: "''tuJJ J. ~-:2 ~-....~ ~~) f"....) -.J -0 (,. C;:) ~ , . An alleged incapacitated person : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISIOlb : NO. 21-06-0146 ~~O ; ~:~' ~r~; h., ....~ :::J (~J.: ~~ l"....,) c.::::> c..;::> CT" ~ ---r.:1 ~:;I IN RE: LILLIAN G. HUNTZ N ut C)(j ~ On the Petition of JACQUE BRINK and BERNETTE HUNTZ C)(~ --r-I ~.>", (~c: :::0 - --I . · PETITION FOR AUTHORITY TO UTILIZE PRINCIPAL OF THE ESlMTE FOa, CARE AND MAINTENANCE PURSUANT TO 20 Pa. C.S. &5536(a) Ul (-' ! 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 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. s5536(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. s5536(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. s5536(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: ~ 2:.3, 2O(f) " Respectfully submitted, .~ it ~___ _' _' _. _ ~anelle . azen, sqUire 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 / / 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. ~f~- /~~~ -/" SWORN to and subscribed before me this I rday of ap~ , 2006. ~bw~ .JA-v~ Notary Public ~ ~omm. Exps. ~AI.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 P A.C.S. S 4904~ relating to unsworn falsification to authorities. ~~~ ~~' JA UE NK { 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 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. 9 4904, relating to unsworn falsification to authorities. A5c~Orif4c~ BERNETTE HU COMMONWEALTH OF PENNSYLVANIA COUNTY OF Cumbe-rlo..-n ct SS: On this, the ltl::t- day of J1P(1 \ , 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. BERNETTE H SWORN to and subscribed before me this lJ-h (\ I \ ~ day of n~r\ \ , 2006. ~%a~ N~tary b.c NOTARIAL SEAL SALLY B. McCOY, Notary Public East Pennsboro Twp., Cumbertand County My Commission Expires "!sy 2~: 2007 ~ In Re: Estate of LILLIAN G. HUNTZ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-06-0146 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 4-27-06 JUDGE'S INITIALS: M.L.E. JR. TIME STAMP DATE: 4-27-06 IN RE: ORDER OF COURT SERVICE TO: JAMES HUNTZ SHIRLEY SURO METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR D HAND DELIVERED D OTHER_ ~ PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 4-28-06 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: ;J:;t~ ~ Clerk of Orphans' Court In Re: Estate of Lillian G. Huntz ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-0146 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 04-27 -06 JUDGE'S INITIALS: MLE TIME STAMP DATE: 04-27-06 IN RE: ORDER OF COURT- """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: MARIELLE HAZEN. ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: IZI USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE IZI CLERK OF ORPHANS COURT MAILED: 05-09-06 """""""""""""""""""""""""""""""""""""""""""""""""""""",..""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: Q tA/J.;//1 1Y1 -11~fA Deputy Clerk of Orphans' Court