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Home My WebLink About01-0993 C- IN THE MATTER OF THE PERSON : IN THE COURT OF COMMON PLEAS AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA GRACE F. LIPPERT, ORPHANS' COURT 2001 AN ALLEGED INCAPACITATED PERSON: NO. 21-01-993 ORDER AND NOW, this 19th day of November, 2001, upon review ofthe Petition For Appointment of Permanent Plenary Guardians of the Person and Estate of Grace F. Lippert and testimony presented at this Hearing, the Court finds that Grace F. Lippert is an incapacitated person and that Catherine Lippert and the Area Agency on Aging, in and for Cumberland County, Pennsylvania are appointed Permanent Plenary Co-Guardians of her Person and Estate. ..... o U") R N a... tt: ['"; !. ,~. .' 0\ (.) 'f. - C) '.;,,~) 2 _;:;:~ () ,::l) Um &!.a: " } ::... ~ 1.1; - p ,t ';;:.0 ....;::: 4,):: 0G .. e e Consent to Accept Appointment as Plenary Co-Guardian of the Person and Estate of Grace F. Lippert The undersigned being the daughter-in-law of Grace F. Lippert does hereby consent to being appointed plenary co-guardian of the person and estate of Grace F. Lippert. Date: /J- / f - b / Ii J' J ~ -~~ PEltllONER'S EXHl8tl . ~ \\\\C\,\6j .)'J c... i- ''-/ IN THE MATTER OF THE PERSON: IN THE COURT OF COMMON PLEAS AND ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA GRACE F. LIPPERT, ORPHANS' COURT 2001 AN ALLEGED INCAP ACIA TED PERSON NO. ;},I - 01 - qqJ PRELIMINARY DECREE AND NOW, this :3/l day of October, 2001, upon consideration of the annexed Petition, it is hereby ORDERED AND DECREED that a Hearing on this matter is set for the IqtA dayof~, 2001, at 1.3() ---8-. M. O'clock in Courtroom No. ~ at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. It is further Ordered and Decreed that the Clerk, Orphan's Court Division, Court of Common Pleas, in and for Cumberland County, Pennsylvania issue a Citation and Notice to be attached to and served with the within Petition. ct ~ J2.u... ~ ~~PPOinted to represent the allegedly incapacitated person. / J. IN THE MATTER OF THE PERSON : IN THE COURT OF COMMON PLEAS AND ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA GRACE F. LIPPERT, ORPHANS' COURT 2001 AN ALLEGED !NCAP ACIA TED PERSON NO. PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE AN NOW COMES THE PETITIONER, The Area Agency on Aging, in and for Cumberland County, Pennsylvania, by it's solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. Petitioner is the Area Agency on Aging, in and for Cumberland County, Pennsylvania, with it's office located at 16 W. High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Grace F. Lippert, a widow, age 86, who currently resides at The Claremont Nursing & Rehabilitation Center located at 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania but previously resided at 241 E. Pomfret Street, Carlisle, Pennsylvania. 3. The only known relative of the alleged incapacitated person is her son: Ronald Lippert 2071 Reservoir Drive Carlisle, Pennsylvania 17013 4. Grace F. Lippert has for at least three (3) months been incapable of managing and caring for herself and her financial affairs. 5. Grace F. Lippert exhibits symptoms of mental incapacity, including but not limited to vascular dementia with depressive features. 6. Grace F. Lippert's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 7. Grace F. Lippert's condition has deteriorated in that: a. She appears disoriented and confused as to place and time; and b. She has a history of venous stasis ulcers on both lower extremities 8. Prior to her admission to The Claremont Nursing & Rehabilitation Center, the alleged incapacitated person was residing at 241 E. Pomfret Street, Carlisle, Pennsylvania, a home owned by her son and his wife. 9. On or about September 24,2001, Grace F. Lippert was found on the floor at her residence, unable to get up, and was transported to the Carlisle Regional Medical Center where she stayed until she was transferred to The Claremont Nursing & Rehabilitation Center on October 12, 2001. 10. Ronald Lippert, son of the alleged incapacitated person, and his wife have made efforts to care for his mother while she resided at 2071 Reservoir Drive, Carlisle, Pennsylvania. 11. To the best of Petitioner's knowledge, Grace F. Lippert does not have a Power of Attorney. 12. The approximate value of the estate of Grace F. Lippert consists of monthly income from social security and Carlisle Tire and Rubber, which totals $900.00 plus per month. 13. Petitioner believes and, therefore avers that Permanent Plenary Guardians of the Person and Estate of Grace F. Lippert should be appointed. 14. Less restrictive alternatives are not available because there is no one able to provide her with the type of care that she requires. 15. Catherine Lippert, daughter-in-law of the alleged incapacitated person, and the Area Agency on Aging, in and for Cumberland County, Pennsylvania are willing to accept appointment as Permanent Plenary Co-Guardians of the Person and Estate of Grace F. Lippert and each has no interest adverse to that of the alleged incapacitated person. 16. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Grace F. Lippert. 17. The failure to appoint Catherine Lippert and the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Permanent Plenary Co-Guardians of the Person and Estate of Grace F. Lippert would result in irreparable harm to the person and estate of Grace F. Lippert. WHEREFORE, Petitioner respectfully requests that this Honorable Court issue a Citation upon Grace F. Lippert, the alleged incapacitated person, with notice thereof to be given to her next-of-kin, and to such other persons as this Court may direct, to show cause why she should not be adjudged an incapacitated person and Catherine Lippert and the Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed Plenary Co-Guardians of her Person and Estate. Respectfully Submitted, / ~ ,. ~~~'&~,~ Anthony L. uca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Appointment of Permanent Plenary Guardians of the Person and Estate are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Ie> - ~O '0\ ilmc~ 2: \u1Jjw Amy . Juhas'~ IN RE: GRACE F. LIPPERT AN ALLEGED INCAPACIATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NCr'" -;~ ORPHANS' COURT 21-01-993 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with this Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage money and property and to make decisions. A copy of the petition which has been filed by ANTHONY L. DeLUCA, ESQ. is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on NOV. 19 . 2001. at 1:30 ~.M. to tell the Court why it should not find you to be an Incapacitated Person and appoint a Guardian to act on your behalf. To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity. If the Court decides that you are an Incapacitated Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to .>L v~.~ ~~ . -.-. .-#.._--_... ------.;. make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited or full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money or other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requested. BV: TYl!J.D.Jj C. ;e,~ D!< J2g .~ Clerk, Orphans' Court Division Cumberland County, Carlisle, PA My Commission Expires 1 st Monday, January, 2002 DATED: NOVEMBER 2,2001 . -- 'li::C' C~ Li'::IOOI~J \. ,. nn"'''', (~~I t' , I i f\ ,. .' \;1.1 v G AUTHORITY TO PAY COURT APPOINTED COUNSEL 1. COURT 2. VOUCHER - o District Justice o Common Pleas o Appellate o Other N~ I 5502 \ 3. FOR (D.J.. C.P.. APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE OJ - .;J J (,- ), c.I J ,'l>~'"b 6. IN THE 6Mf: DF4(RI'l"v fP156Y7 Clnfl ..e&kk 7. CHARGE/OFFENSE (PURDON CITATION) 8. 0 PETTY OFFENSE c/)) hract F L.'-P/Jf"rT- o FELONY 0 MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED ~"-lhDOCK.ET Ng. 1 0 Oelendant . Adult L _012 /W''''-A/S / C l7~~~~ ~1:.a."'c"L{a~t./8 2 0 Oefendanl . Juvenile 4 / - CJ / - 7"" 3 3 0 Appell anI 13. CRIMINAL DOCKET NO 4 0 Appellee S 0 Habeas Petitioner 6 0 Maler;al Witness 7 0 Parolee Charged With Violation 10. PERSON REPRESENTED (Full Name) 8 0 Probationer Charged With Violalion 14. APPEALS DOCKET NO. ll/l~i 9 0 Other: hrei ~ ;=: /t7..y /. 07 16. NAME OF ATTORNEY/PAYEE AND Appt Date MAILING ADDRESS J &t/ ~ {.L Lindsay Dare Baird 37 South Hanover Street NAME OF COMMON PLEAS JODGE'i(SSIGNED TO CASE Carlisler PA 17013-3307 17. TELEPHONE No. 18. SOCIAL SECURITY NO OR E IN NO dVj- :;-7-1J- /'9 p .!Ju R' ><;-:9 CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour limes tOlal b. Preliminary Hearing hours 10 obtain "In Court" com. pensallon. Enter lotal below. c. Motions and Requests ... d. Bail Hearings a: :J e. Sentence Hesrings 0 U I. Trial ~ g. Revocation Hearings h. Juvenile Hearings i. Appeals Court 19A. TOTAL IN COURT COMPo ~ Other (Specify on additional shuts) ~.ut...tI'wa..,81t-t/-) / //' /eJ '(1/ ./ ~5> =$ "Sf j~ r0 TOTAL HOURS.. / lt$5lTPER HOUR 20. a. Interviews and conferences Multiply rate per hour times lotal b. Obtaining and reviewing records ;~S- //. /& '0;, hours. Enter tolal "Oul of Court" ...... compensation below. Oa: c. Legal research and brief writing ...:J :JO d. Investigative and olher work (Specify on additional sheets) 20A. TOTAL OUT OF COURT OU COMPo ~::;- =-$ // dS- TOTAL HOURS = , ,,)~- ~ERHOUR 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mileaae $.25 per m~e x a: w J: 21A. TOTAL ITEMIZED EXP. .... 0 -$ 22. CERTIFICATION OF ATTORNEY/PAYEE ) 23. GRAND TOTAL CLAIMED Has compensation and/or reimbu.tment for work In this caae previOUSly been spplled for? 0 YES. NO "'$ s-t.R . ~ ~.- If yes. were you paId? 0 YES NO II yes. by whom _re you paid? How much? 24. DEDUCT. PRIOR PVMTS. Has the person represented paid any money to you. 9f to Y7}dge anyone else, In connection with the matter for which you were appointed to provide represe~ 0 y '~;~;~ails on addill~nal ~heets -$ I swear or affirm the truth or correctnessl /). ~ cJ.I 25. NET AMOUNT CLAIMED of the above statements // ~ture of Atto'tftey/Payee Oate =$ ....5Z . d ~ - 26.""PIlOVlO\ . ~~ / 27. AMT. A~'fbVED ,.... fOil 50gnalure of /~ID ["f PAV"EN' Judge ",-, .Oate: -$ l ~2J - Copy 1 - Mail to Court Administrator at completion of service