HomeMy WebLinkAbout03-05-08 (2)
IN RE: JANETTE NEELY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
21-08-0032 ORPHANS' COURT
AND NOW, this
ORDER OF COURT
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->~ day of March, 2008, following a hearing, IT IS
ORDERED:
(1) Janette Neely is adjudicated an incapacitated person in need of a plenary
guardian of her person and plenary guardian of her estate.
(2) Keystone Guardianship Services NPC is appointed plenary guardian of the
person of Janette Neely and plenary guardian of the estate of Janette Neely.
(3) Keystone Guardianship Services NPC shall be paid for its services in
accordance with its regular fee schedule.
(4) As guardian of the estate of Janette Neely, (1) Keystone Guardianship
Services NPC, may, without prior court approval, invade principal as necessary for
payment of expenses and debts, and (2) is authorized to enter into listing contracts for
the sale of real estate; however, court approval shall be required prior to signing of any
contract of sale.
(5) No party other than the guardian of the person shall have the right to remove
the incapacitated person from her residence at Arden Court, Harrisburg, Pennsylvania,
and no other party shall interfere with her care or otherwise disturb her ~ace and--
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tranquility. To ensure the security and well being of the incapacitated perSQ"I1,J :~;::
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representatives of Arden Court shall have the authority to use their discretiQh~hic_r,may
include restriction of visits or other contact with the incapacitated person. r:,?
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(6) Keystone Guardianship Services NPC shall comply with the reporting
requirements set forth in 20 Pa.C.S.A. Section 5521 (c).
Bythe.>oo '
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Edgar B. Bayley, J.
Anthony L. DeLuca, Esquire
For the Area Agency on Aging
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Roger Morgenthal, Esquire
For Janette Neely
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IN RE: JANETTE NEELY
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
21-08-0032 ORPHANS' COURT
IN RE: PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF
GUARDIAN OF THE PERSON AND GUARDIAN OF THE ESTATE OF
JANETTE NEELY
MEMORANDUM OPINION AND ORDER OF COURT
Bayley, J. March 5, 2008:--
Janette Neely, age 84, is currently a resident at Arden Court, Harrisburg,
Pennsylvania, a facility specializing in the care of Alzheimer patients. We find that due
to her Alzheimer disease, her ability to receive and evaluate information effectively and
communicate decision are impaired to such a significant extent that she is unable to
manage her financial resources and unable to meet essential requirements for her
physical heath and safety. 1 Her prognosis is for further mental deterioration. We find
that she is an incapacitated person in need of a plenary guardian of her person and
plenary guardian of her estate for an indefinite period. Neely, who is represented by
private counsel, requests that Keystone Guardianship Services NPC be appointed
plenary guardian of her person and plenary guardian of her estate. Based on the above
findings, the following order is entered.
I She suffers from hypertension, asthma and renal disease.
AND NOW, this
ORDERED:
ORDER OF COURT
...;-~ day of March, 2008, following a hearing, IT IS
(1) Janette Neely is adjudicated an incapacitated person in need of a plenary
guardian of her person and plenary guardian of her estate.
(2) Keystone Guardianship Services NPC is appointed plenary guardian of the
person of Janette Neely and plenary guardian of the estate of Janette Neely.
(3) Keystone Guardianship Services NPC shall be paid for its services in
accordance with its regular fee schedule.
(4) As guardian of the estate of Janette Neely, (1) Keystone Guardianship
Services NPC, may, without prior court approval, invade principal as necessary for
payment of expenses and debts, and (2) is authorized to enter into listing contracts for
the sale of real estate; however, court approval shall be required prior to signing of any
contract of sale.
(5) No party other than the guardian of the person shall have the right to remove
the incapacitated person from her residence at Arden Court, Harrisburg, Pennsylvania,
and no other party shall interfere with her care or otherwise disturb her peace and
tranquility. To ensure the security and well being of the incapacitated person,
representatives of Arden Court shall have the authority to use their discretion which may
include restriction of visits or other contact with the incapacitated person.
(6) Keystone Guardianship Services NPC shall comply with the reporting
requirements set forth in 20 Pa.C.S.A. Section 5521 (c).
By 17Ft:""!
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Anthony L. Deluca, Esquire
For the Area Agency on Aging
Roger Morgenthal, Esquire
For Janette Neely
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In Re: JANETTE NEELY
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-08-0032
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 3-5-08
JUDGE'S INITIALS: EBB
TIME STAMP DATE: 3-5-08
IN RE: ORDER OF COURT
SERVICE TO:
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ANTHONY L DELUCA
ROGER M MORGENTHAL
METHOD OF MAILING:
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D HAND DELIVERED
D OTHER_
ENVELOPES PROVIDED BY:
D PETITIONER
[8J JUDGE
D CLERK OF ORPHANS COURT
MAILED: 3-6-08
SERVICE TO:
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METHOD OF MAILING:
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D OTHER_
ENVELOPES PROVIDED BY:
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED:
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Deputy
Clerk of Orphans' Court
In Re: JANETTE NEELY
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-08-0032
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03/05/08
JUDGE'S INITIALS: EEB
TIME STAMP DATE: 03/05/08
IN RE: ORDER OF COURT
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
SERVICE TO:
JP-OFFICE OF AGING
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
[8J HAND DELIVERED
D OTHER_
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: 03-05-08
""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""""
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:
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Clerk Orphans' Court