Loading...
HomeMy WebLinkAbout21-2004-0987 Orphans' Court IN RE: PETITION TO : IN THE COURT OF COMMON PLEAS OF EXPEND PRINCIPAL ON : CUMBERLAND COUNTY, PENNSYLVANIA BEHALF OF INCAPACITATED : PERSON : NO. 21-04-0987 ORPHANS’ COURT OPINION AND ORDER OF COURT Bayley, J., May 18, 2009:-- Mary Louise Whitney Weber was adjudicated an incapacitated person on November 12, 2004. Harleysville National Bank and Trust Company was appointed plenary guardian of her estate. Weber, now age 84, lives in the Green Ridge Village Nursing Home. The level of her care has recently been increased at a significant additional cost. Other costs to her estate have also increased. Because the income from her estate is now insufficient to meet all of her expenses and needs, Harleysville filed a petition to expend principal for such purposes. A hearing was conducted on May 14, 2009. On May 12, 2009, the value of Weber’s estate was approximately $548,000. On September 1, 2008, the value was $830,060. The significant decrease in the value is a result of recent market conditions. Three siblings are the heirs of the estate. There is conflict among them and with the guardian. All three appeared at the hearing and two objected, at least in part, to the relief sought by Harleysville. They bemoaned the recent reduction in the value of the assets of the estate. They believe that there should be an audit of the estate before consideration of the relief is decided. There was evidence that in the past the three siblings were the subject of NO. 21-04-0987 ORPHANS’ COURT substantial gifts and that the estate administered by Harleysville was clearly to provide for the adequate care and comfort of Weber for the remainder of her life. Although the value of the assets is still considerable, the income therefrom is at this time insufficient 1 to meet such needs. It is legally appropriate as it is in the best interest of Weber to authorize the guardian to expend principal for such purposes. This is not a proceeding that properly raises an issue as to whether there should be an audit of the estate. Therefore, the following order is entered. ORDER OF COURT AND NOW, this day of May, 2009, Harleysville National Bank and Trust Company, by and through Millennium Wealth Management & Private Banking, a Division of Harleysville National Bank, in its capacity as guardian of the estate of Mary Louise Whitney Weber, is authorized to expend principal to the extent that income is insufficient to pay for such expenses and fees of Weber as set forth in the petition, and to place in a separate account as designated funds for payment of burial expenses an amount of not less than $5,000 or more than $8,000. By the Court, Edgar B. Bayley, J. __________ 1 The estate does receive some additional income from a pension and social security. -2- NO. 21-04-0987 ORPHANS’ COURT Christopher Rice, Esquire For Petitioner Mark D. Weber 44 Old Hickory Lane Grove City, PA 16127-9739 Elizabeth Notvest P.O. Box 417 Lederach, PA 19450 Susanne W. Burtner 14217 Greenspan Lane Rockville, MD 20853 :sal -3- IN RE: PETITION TO : IN THE COURT OF COMMON PLEAS OF EXPEND PRINCIPAL ON : CUMBERLAND COUNTY, PENNSYLVANIA BEHALF OF INCAPACITATED : PERSON : NO. 21-04-0987 ORPHANS’ COURT ORDER OF COURT AND NOW, this day of May, 2009, Harleysville National Bank and Trust Company, by and through Millennium Wealth Management & Private Banking, a Division of Harleysville National Bank, in its capacity as guardian of the estate of Mary Louise Whitney Weber, is authorized to expend principal to the extent that income is insufficient to pay for such expenses and fees of Weber as set forth in the petition, and to place in a separate account as designated funds for payment of burial expenses an amount of not less than $5,000 or more than $8,000. By the Court, Edgar B. Bayley, J. Christopher Rice, Esquire For Petitioner Mark D. Weber 44 Old Hickory Lane Grove City, PA 16127-9739 Elizabeth Notvest P.O. Box 417 Lederach, PA 19450 Susanne W. Burtner 14217 Greenspan Lane NO. 21-04-0987 ORPHANS’ COURT Rockville, MD 20853 :sal -2-