HomeMy WebLinkAbout10-29-07
INRE:
) ORPHANS' CO
)
)
) No. 21-07-0682
)
) PETITION FOR THE APPOINTMENT
) OF A PERMANENT GUARDIAN
) OF THE PERSON
)
IN THE COURT OF COMMON PLEAS CUMBERLAN
PENNSYLVANIA
DONNA L. NEAD
AN ALLEGED
INCAPACITATED PERSON.
Affidavit of Service of Final Decree
On or about October 17 2007, I, iJOi It. :;] EJC}.v EllS received a
copy of the Order dated October 8, 2007 appointing a Guardian of the Person and of
the Estate in the above captioned matter and presented the Order and Statement of Rights
to Donna Nead and read it aloud to her, providing Ms. Nead with her appellate rights in this
matter.
I verify that the statements in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S.A. S 4904 relating to
unsworn falsification to authorities.
Date: /0/ d..;). J (j 7
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On this, the JJ day of a1or~r , 2007, before me, the
undersigned officer, personally appeared JD..j A 5e{bJm known to me,
(or satisfactorily proven) to be the person whose name is subscribed to the within
instrument and acknowledged that she executed the same for the purpose therein
contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWl:.ALTH Of flf.NNSYLVANIA
r NOTARIAL SEAL
BARBAI-<... L STAKE, Notary Public
80w 01 StHU\Jensourg, Cumberland County
My Commission Expires Aug. 8, 2011
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IN THE COURT OF COt-dMON PLEAS CUMBERLAND COD
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DONNA L. NEAD,
AN ALLEGED
INCAPACITATED PERSON.
) ORPHANS' COURT DIVISION
)
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IN RE:
PETITION FOR THE APPOINTMENT
OF A PERMANENT GUARDIAN OF
THE PERSON AND ESTATE
ORDER OF COURT DETERMINING INCAPACITY AND APPOINTING
PERMANENT GUARDIAN OF THE PERSON AND ESTATE
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AND NOW, this <g day of O~
this case having been held on 10 / 8
, 2007 a bearing in
, 2007 and it appearing to the Court that
DONNA L. NEAD, would be harmed by her presence at the hearing, and further finds from the
testimony:
1. That DONNA L NEAD suffers from Vascular Dementia with Delusions, Congestive
Heart Failure, Type II Diabetes, Gastrointestinal Bleeding, and Chronic Obstructive
Pulmonary Disease. All of these conditions totally impair her capacity to receive and
evaluate information effectively and to make and communicate decisions concerning
her management of her personal affairs or to meet essential requirements for her
physical health and safety.
2. That there are insufficient supports available to assist DONNA L. NEAD in
overcoming such limitations and that there exists no less restrictive mecl1anism for
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ATRUECOPYFR~~~CORD
In Testimony wherof, l hereunto
set my hand and the seal
of said Court at Carlisle, PA
This ~^"'day of 2oD1.
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decision making than the appointment of a Permanent Guardian oTher Pers-pn and
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Clerk of the hans Court
Cumberland County
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3. That based on the total incapacity of DONNA L. NEAD, to receive and evaluate
information effectively and to make or communicate decisions, a Guardian of the
Person and Estate is required on a permanent basis.
4. No~, family or relation is available or willing to act as the guardian of DONNA
L. NEAD.
NOW THEREFORE, based on the clear and convmcmg evidence supporting the
foregoing findings, it is ORDERED, ADJUDGED and DECREED that DONNA L. NEAD be
and hereby is adjudged a totally incapacitated person. It is further ORDERED, ADJUDGED
and DECREED:
Dannie L. Keen is appointed Permanent Guardian of the Person and Estate of DONNA L.
NEAD.
The guardianship services provided by Dannie L. Keen, is a necessary medical expense
directly relevant to the care of DONNA L. NEAD.
The Permanent Guardian of the Person and Estate shall have full authority to consent to
the general care, maintenance and custody of DONNA L. NEAD without exception.
The Permanent Guardian of the Person and Estate shall assure that DONNA L. NEAD
receives appropriate services and shall assist her 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
the Guardian except in the presence of a representative of the fmancial 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'
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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 crO
days. A report by the Guardian of the
Person shall be filed within fD days and annually thereafter in a fonn approved by the
Orphans' Court Divisions.
No Surety Bond is required.
DONNA L. NEAD, 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 DONNA L. NEAD was not present at the hearing on the adjudication of her incapacity
and appointment of a guardian then Petitioner shall serve upon and read to DONNA L. NEAD
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 of the Orphans'
Court within ten (10) days of the date of this Order. /..../~-)
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STATEI\!lENT OF RIGHTS
AN ORDER HAS BEEN ENTERED BY A JUDGE OF THE COURT OF COMMON
PLEAS OF CUMBERLAND 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 EXCEPTIONS AND THEY ARE
DENIED OR ARE DEEMED DENIED PURSUANT TO ORPHANS' COURT LOCAL RULE
7.1, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR 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
MODIFY OR TO TERMrNA TE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR
CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HER/HER DUTIES IN
ACCORDANCE WITH THE COURT'S ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO
MODIFY OR TERMINATE THE GUARDIANSHIP, YOU ARE ENTITLED TO BE
REPRESENTED BY AN ATTORNEY, IF YOU DO NOT HAVE AN A TIORNEY, 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.
Louis J. Capozzi, Jr., Esquire*
Daniel K. Natirboff, Esquire
Donald R. Reavev. Esquire
Brian K. Zellner, Esquire
Bruce G. Baron, Esquire
Andrew R. Eisemann, Esquire
Douglas A. Snyder, Esquire
Timothy Ziegler, Reimb. Analyst
Karen L. Fisher, Paralegal
Jennifer Kain, Paralegal
. (licensed in PA, NJ and MD)
2933 North Front Street
Harrisburg, P A 1711 0
Telephone: (717) 233-4101
Fax: (717) 233-4103
www.capozziassociates.com
Craig I. Adler, Esq.
Of Counsel
Clerk of Orphans' Court
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
Re: Affidavit of Service of Final Decree
Docket No. 21-07-0682
Our Matter No. 875-07
Dear Clerk:
Enclosed for filing please find an original and one copy of an Affidavit of Service
of Final Decree. Kindly file the original, and return one time-stamped copy to me in the
enclosed self-addressed stamped envelope.
Should you have any questions or concerns, please do not hesitate to contact me
at the above number.
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Jennifer Kain, Paralegal
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Enclosures