HomeMy WebLinkAbout05-01-08
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MAR .2 5 20DB ,#
an alleged incapacitated person
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
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IN RE: CHARLES N. TRASK
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On the Petition of Pearl P. Trask and Nigel A. Trask
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FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN
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AND NOW, this / day of
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, 2008, a hearing in this case having been
held on 117., /.1' , 2008 and it appearing to the Court that CHARLES N. TRASK was served
with a Citation and Notice of this hearing on
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/'YJ"7 1-, 2008, and the Court finds that the
physical or mental condition of CHARLES N. TRASK would be harmed by his presence at the
hearing, and further finds from the testimony:
1. That CHARLES N. TRASK suffers from Parkinson's disease and also residual effects
from a concussion as a result of falling, a condition which totally impairs his capacity to receive and
evaluate information effectively and to make and communicate decisions concerning his management
of financial affairs or to meet essential requirements for his physical health and safety.
2. That there are insufficient supports available to assist CHARLES N. TRASK in such
decisions and that there exists no other less restrictive alternative mechanism for decision-making.
3. That based on the total incapacity of CHARLES N. TRASK to receive and evaluate
information and to make or communicate decisions, a plenary Guardian of the Person and a plenary
Guardian of the Estate are required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing
findings it is ORDERED, ADJUDGED and DECREED that CHARLES N. TRASK be and is hereby
adjudged a totally incapacitated person and Pearl P. Trask and Nigel A. Trask are appointed Plenary
Permanent Guardians of the Person and Estate. As Plenary Permanent Guardians of the Person, Pearl
P. Trask and Nigel A. Trask have the authority to access all CHARLES N. TRASK'S medical records,
including but not limited to psychiatric records, and to make all decisions regarding medical treatment
and life support. As Plenary Permanent Guardians of the Estate, Pearl P. Trask and Nigel A. Trask
will be responsible for managing CHARLES N. TRASK's financial affairs in their capacity as
Guardians, as set forth under the Probate, Estates and Fiduciary Code, 20 Pa. C.S. ~5501 et seq. The
Guardians will have all powers stated thereunder as are necessary to manage CHARLES N. TRASK's
personal and financial affairs, and specifically the Guardians will have the power to manage
CHARLES N. TRASK's bank accounts located at New Cumberland Federal Credit Union and at
Sovereign Bank; the power to access CHARLES N. TRASK's IRA located at Fulton Bank, including
the power to cash out or withdraw any funds; and the power to manage any and all life insurance
policies (including but not limited to policies held with the V A), any and all securities, mutual fund
accounts, certificates of deposits, including cashing out or withdrawing any funds.
The Guardians will further have the power to transfer the real property located at 1070 Stevens
Road, York Haven, PA 17370 (the residence) to the community spouse, pursuant to the Probate
Estates and Fiduciary Code 20 P A C.S.A. ~5536 (b) (2).
The Guardians will further have the power to prepare, execute and file any tax return with the
Internal Revenue Service on behalf of CHARLES N. TRASK and to request any information on behalf
of CHARLES N. TRASK from the Internal Revenue Service.
An Inventory must be filed within ninety (90) days. A report by the Guardians shall be filed
within 12 months and annually thereafter.
CHARLES N. TRASK, an incapacitated person, has the right to appeal this Order of Court by
filing exceptions within ten (10) days of this date or to petition this Court for a review hearing to
modify or terminate the guardianship herein established.
If CHARLES N. TRASK was not present at this hearing on appointment of a guardian then
petitioners shall serve upon and read to CHARLES N. TRASK the Statement of Rights, a copy of
which is Attached to this Order as Exhibit "A", and file proof of such service with this Court within
ten days.
BY THE COURT:
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In Re: CHARLES N TRASK
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0309
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 05/01108
JUDGE'S INITIALS: KAH
TIME STAMP DATE: 05/01/08
IN RE: FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN
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SERVICE TO:
JACQUELINE KELLY
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[J USPS
DRRR
o HAND DELIVERED
[J OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 05/01/08
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SERVICE TO:
METHOD OF MAILING:
o USPS
DRRR
o HAND DELIVERED
[] OTHER_
ENVELOPES PROVIDED BY:
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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. Clerk of Orpha Court
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In R(~: CHARLES N. TRASK,
AN ALLEGED INCAP ACIT A TED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0309
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 05/01108
JUDGE'S INITIALS: KAH
TIME STAMP DATE: 05/01108
IN RE: FINAL ORDER
SERVICE TO:
PEARL P TRASK
NIGEL A TRASK
CHRISTOPHER 0 TRASK
GOLDEN LIVING CENTER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
DRRR
[J HAND DELIVERED
o OTHER_
~ PETITIONER
[] JUDGE
[] CLERK OF ORPHANS COURT
MAILED: OS/01/08
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[] USPS
[]RRR
[] HAND DELIVERED
[] OTHER_
[] PETITIONER
[] JUDGE
[] CLERK OF ORPHANS COURT
MAILED:
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Deputy
Clerk of Orphans' Court