HomeMy WebLinkAbout04-23-07 (2)
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IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA
INRE:
) ORPHANS' COURT DIVISION
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No.
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REGINALD WALLER,
AN ALLEGED
INCAPACITATED PERSON.
PETITION FOR THE APPOINTMENT
OF A PERMANENT GUARDIAN OF
THE PERSON
ORDER OF COURT DETERMINING INCAPACITY AND APPOINTING
PERMANENT GUARDIAN OF THE PERSON
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AND NOW, this ~ day of l\ ~r\ , 2007 a hearing in
this case having been held on ~ ~\ \ \. ~
, 2007 and it appearing to the Court that
REGINALD WALLER, would be harmed by his presence at the hearing, and further finds from
the testimony:
1. That REGINALD WALLER suffers from Cognitive Disorder; Depressive Disorder;
Chronic Airway Obstruction; Vascular disease, and unspecified disorder of the
kidney and ureter. All of these conditions totally impair his capacity to receive and
evaluate information effectively and to make and communicate decisions concerning
his management of his personal affairs or to meet essential requirements for his
physical health and safety.
2. That there are insufficient supports available to assist REGIN~D W A~R in
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overcoming such limitations and that there exists no less restrictiv~har{!p fQt
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decision making than the appointment of a Permanent Guardian ofhis~P~on. w
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3. That based on the total incapacity of REGINALD WALLER, to receive and evaluate
information effectively and to make or communicate decisions, a Permanent
Guardian of the Person is required on a permanent basis.
4. No friend, family or relation is available or willing to act as the guardian of
REGINALD WALLER.
NOW THEREFORE, based on the clear and convincing evidence supporting the
foregoing findings, it is ORDERED, ADJUDGED and DECREED that REGINALD
WALLER be and hereby is adjudged a totally incapacitated person. It is further ORDERED,
ADJUDGED and DECREED:
Faith, Hope and Love Guardianship Services, Inc., is appointed Permanent Guardian of
the Person of REGINALD WALLER.
Reasonable payment, in the amount of a one time set up fee of $500.00 and a monthly fee
of $100.00, consistent with the fee schedule of Faith, Hope and Love Guardianship Services,
Inc., shall be made to Faith, Hope and Love Guardianship Services, Inc., out of the resident
Income.
The guardianship services provided by the Faith, Hope and Love Guardianship Services,
Inc., are a necessary medical expense directly relevant to the care of REGINALD WALLER.
The Permanent Guardian of the Person shall have full authority to consent to the general
care, maintenance and custody of REGINALD WALLER without exception.
The Permanent Guardian of the Person shall assure that REGINALD WALLER receives
appropriate services and shall assist him in developing self-reliance and independence.
If there is a safe deposit box in the name of the incapacitated person alone or in the names
of the incapacitated person and another or others, said safe deposit box shall not be entered by
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the Guardian except in the presence of a representative of the financial institution where the box
is located or in the presence of a representative of the Orphans' Court Division. The
representative present at the time of entry shall make or cause to be made a record of the
incapacitated person's property, and said record shall be filed with the Clerk of the Orphans'
Court Division. None of the incapacitated person's property may be removed until after the
aforesaid inventory is completed.
If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be
given to the other owners by the Guardian.
An Inventory must be filed within <\. 0
days. A report by the Guardian of the
Person shall be filed within '\0
days and annually thereafter in a form approved by the
Orphans' Court Divisions.
No Surety Bond is required.
REGINALD WALLER, an incapacitated person, has the right to appeal this Order of
Court by filing exceptions with the Clerk of the Orphans' Court Division within ten (10) days of
the date of this Order or to petition this Court for a hearing to review or terminate the
adjudication of incapacity and guardianship herein established.
If REGINALD WALLER was not present at the hearing on the adjudication of his
incapacity and appointment of a guardian then Petitioner shall serve upon and read to
REGINALD WALLER the Statement of Rights attached to this Order of Court and marked as
Exhibit A. Proof of Service of the Statement of Rights shall be filed by the Guardian with the
Clerk ofthe Orphans' Court within ten (10) days of the date of this Order.
BY~C~T~\
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STATEMENT OF RIGHTS
AN ORDER HAS BEEN ENTERED BY A JUDGE OF THE COURT OF COMMON
PLEAS OF CUMBERLANI) COUNTY, ORPHANS' COURT DIVISION, WHEREBY YOU
HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE
FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFIARS. YOU HAVE THE
RIGHT TO FILE EXCEPTIONS WITHIN TWENTY (20) DAYS OF THE DATE OF THE
COURT'S ORDER WITH THE ORPHANS' COURT OR THE RIGHT TO FILE AN APPEAL
WITHIN THIRTY (30) DAYS OF THE DATE OF tHE COURT'S ORDER WITH THE
SUPERIOR COURT. IN THE EVENT THAT YOU FILE EXCEPTIQNS AND THEY ARE
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DENIED OR ARE DEEMED DENIED PURSUANT TO ORPHANS' COURT LOCAL RULE
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7.1, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIQR COURT WITHIN
THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO
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MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR
CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HISIHER DUTIES IN
ACCORDANCE WITH THE COURT'S ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO
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, MODIFY OR TERMINATE THE GUARDIANSHIP, YOU ARE ENTITLED TO BE
REPRESENTED BY AN ATTORNEY, IF YOU DO NOT HAVE AN ATTORNEY, THE
COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT
FOR YOU WILL BE PROVIDED AT NO COST TO YOU.
In Re: REGINALD WALLER
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-214
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 04-23-07
JUDGE'S INITIALS: MLE
TIME STAMP DATE: 04-23-07
IN RE: ORDER OF COURT DETERMININT INCAPACITY AND APPOINTING PERMANENT
GUARIDAN OF THE PERSON
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SERVICE TO:
DOREENA CRAIG SLOAN ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
r8J HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 04-23-07
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SERVICE TO: CAPOZZI & ASSOC ATTN ROBIN PARKER. GOLDEN LIVING CENTER ATTN TONI BLARE
JONES. DR THOMAS YOUNG. FAITH HOPE AND LOVE GUARDIANSHIP SERVICES INC. REGINALD WALLER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
r8J USPS
DRRR
o HAND DELIVERED
o OTHER_
r8J PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 04-23-07
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Clerk of Orphans' Court