HomeMy WebLinkAbout05-01-08
INRE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
TERESA J. CEJA,
An Incapacitated Person:
: ORPHANS' COURT DIVISION
: NO. 21-05-453
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AND NOW COMES THE PETITIONER, the Area Agency on Aging, iff;d for ~
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PETITION FOR ALLOWANCE OF GUARDIAN FEE
Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who
represents and avers as follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County, with
its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania.
2.
On May 17, 2005, Petitioner filed a Petition for the appointment of Emergency
Plenary Guardian ofthe Person and Estate of Teresa J. Ceja and for Permanent Plenary
Guardian of the Person and Estate of Teresa J. Ceja.
3.
On May 27,2005, after a Hearing, Petitioner was appointed Emergency Plenary
Guardian of the Person and Estate of Teresa J. Ceja.
4.
On June 20, 2005, Teresa J. Ceja was adjudicated an incapacitated person and
Petitioner was appointed Permanent Plenary Guardian of the Person and Estate of the
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said Teresa J. Ceja. A copy of the appointment of the Petitioner is attached hereto,
marked as Exhibit "A" and incorporated herein by reference.
5.
Medical Assistance regulations as set forth in Nursing Care Handbook
instructions allow for the payment of Guardian fees as a deduction when determining
contribution toward cost of care.
6.
The amount ofthe Guardian's fee that is allowable as a deduction is the actual fee
paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per
month, whichever is less.
7.
The said Teresa J. Ceja receives monthly social security benefits which, at the
time of the filing of the Guardianship Petition, was $663.00 per month and is now higher.
8.
Petitioner believes and, therefore, avers that it is entitled to receive payment of a
Guardianship fee as allowed by Medical Assistance regulations and that said fee be a
deduction toward the cost of the care of Teresa J. Ceja.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order granting payment of a Guardian fee to Petitioner subj ect to a maximum of 10% of
Teresa J. Ceja's gross monthly income or $100.00 per month, whichever is less.
Respectfully submitted,
Date:((;.td':?",s; ;Jd" r
VERIFICA nON
I hereby verify that the facts and information set forth in the foregoing Petition for
Allowance Of Guardian Fee 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: ~t'" \ ~~l ~oo8
d~~~
Janet Paull
INRE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
TERESA J. CEJA, : ORPHANS' COURT DIVISION
An alleged incapacitated person:
: NO. 21-05-453
ORDER OF COURT
AND NOW, this P ~ day of June, 2005, this matter having been called for a
hearing, the Court finds, upon clear and convincing evidence, that Teresa J. Ceja is an
incapacitated person in that she suffers from a mental impairment that prevents her from
receiving and evaluating information effectively and prevents her from formulating and
communicating decisions to such a significant extent that she is unable to manage her
financial affairs or meet essential requirements for her physical health and safety on a
daily basis.
The Court appoints the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, as Permanent Plenary Guardian of the Person and Estate of Teresa 1. Ceja.
A TRUE'CoPY FROM RECORD
In T estiO'lOflY wherof. I hereunto
set my I'\8nd and the seal
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^ .t.i12J1 (\(l.:o.~C\..I\.{\ ~\ ~~~~ .~"-' .
L- Clerk of the Orphans C
Cumberland Cou :v<k-
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Anthony L. DeLuca, Esquire -\\c..Y\d C~Sl.\\\lere"d ~-\- COP't" LD -~o- o~
For Area Agency on Aging L
James Nelson, Esquire - I(\{\~ lv:s:-Cl)~ 'Ve~o-~
Court-Appointed for Teresa J. Ceja
BY THE COURT,
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Area Agency on Aging -." ~'J.. \'"\c\ ~ hv~. n C\. ~~ ~()f~ -t~. f. Le; - ,~w - 05
EXHIBIT "A"