Loading...
HomeMy WebLinkAbout05-28-08 o THE MATTER OF JANETTE NEELY AN ADJUDICATED INCAPACITATED INDIVIDUAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 21-08-0032 PETITION FOR COURT APPROVAL TO ALLOW AN ADDITIONAL INDIVIDUAL THE RIGHT TO REMOVE WARD FROM ARDEN COURT TO THE HONORABLE JUDGES OF SAID COURT: o '0 -"jJ ~.~~ ~~.~ ,...) c:::',;) C7':) <::,:u :.< -', ;':'-~~:-i t~ ':_-) ~ ,I ':-) ('") -:J E. Stoneroad/ of Keystone Guardianship Services/ ofth€l'above- ::',:~~ N captioned incapacitated individual/ petitions as follows: CJ AND NOW/ this 27th day of May 2008 comes the guardian; ~~st~e ~ - (J.1 :":;~ 1. Keystone Guardianship Services was appointed Guardian for Janette Neely/ an alleged incapacitated person by the Cumberland Country Orphans Court by order dated March 5th 2008. (see copy of Order attached as Exhibit UAH). 2. Janette Neely is presently a resident of Arden Courts of Susquehanna/ located at 2625 Ailanthus Lane/ Harrisburg/ Dauphin County Pennsylvania 17110. 3. Janette Neely has been taken from Arden Courts by her Guardian/ Keystone Guardianship Services/ for doctor appointments/ surgery/ lunches an all day outing with the Guardian on Memorial Day. 4. Keystone Guardianship Services representatives have had no adverse experiences while out with Janette Neely. She has been agreeable/ friendly and quite pleasant to be with during the occasions she has been away from Arden Courts. 5 . Betty Schlusser/ of Campground Road/ Carlisle/ Cumberland County/ Pennsylvania Janette Neely/ s longtime friend and previous Agent for Ms. Neely under a Power of Attorney/ has visited with Janette on an almost weekly basis from the time Ms. Neely became a resident at Arden Court. Page 1 of 2 Pages Estate Janette Neely An Incapacitated Person 6. Mrs. Schlusser has taken food, clothing and personal items to Ms. Neely on many occasions refusing reimbursements for the same. Upon Janette's request Mrs. Schlusser has cut her hair, which has been a long time tradition. 7. At the time of Keystone Guardianship Services' appointment it was necessary to allow only Keystone Guardianship Services' to take Ms. Neely from Arden Courts. As Ms. Neely has taken prescribed medications on a regular schedule for her physical and mental wellness, her Guardian has noticed a marked improvement in her attitude and behavior. WHEREFORE, the aforementioned guardian respectfully requests this Honorable Court enter an Order directing the following: To allow Betty Schlusser to take Janette Neely from Arden Court for appointments, visits, shopping, etc. , including overnight stays with Betty Schlusser. Respectfully Date, *.tl'( ~cJF ~~f~ Constance E. Stoneroad KEYSTONE GUARDIANSHIP SERVICES 129 Market Street Suite "1" Millersburg, PA 17061 Office (717) 692-2345 Cell (717) 265-4056 Page 2 of 2 Pages IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 21-08-0032 ORPHANS' COURT IN RE: JANETTE NEELY ORDER OF COURT AND NOW, this ~ay of March, 2008, this court having this date appointed Keystone Guardianship Services NPC as plenary guardian of the person and plenary guardian of the estate of Janette Neely, the order entered on January 10, 2008, appointed Cumberland County Aging and Community Services as emergency plenary guardian of the person and emergency plenary of the estate of Janette Neely, IS VACATED AS OF THIS DATE. -J Edgar B. Bayley, J. Anthony L. DaLuca, Esquire For the Area Agency on Aging / Roger Morgehthal, Esquire For Janette Neely :sal Q ~~g .- () ,:':~?ig .~-~ cr:j 5~~ ..,:i 2 :~~ ;}?~ '.~~ EXHIBIT I "A I' :......'l ..~;;..:.:.... ~~ 5:~ ::0 f .. ~ .." ! .~] C...f' r-' "..,... '-. -" I .....' :'3~: . . ~"..., ,. -; ~} r:? c.,,) cr-~ 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 ~tL. ..;)\rV- 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 Jan'ette 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, r.... ~. and no other party shall interfere with her care or otherwise disturb her ~~@:ge an~ :-=-'J~ :~ ~~.:_I :.~:~) tranquility. To ensure the security and well being of the incapacitated p~r~~~ ~~ ~:;>: <~:':1 ",_:,;: (~:~ )l (J~: ..' ".-:') representatives of Arden Court shall have the authority to use their djscre.:\~a~whi~ ma:y" ~.~) sa --- include restriction of visits or other contact with the incapacitated perso~.~s~ --j i,:,? (,"'-.i cr, (6) Keystone Guardianship Services NPC shall comply. with the reporting requirements .set forth in 20 Pa.C.S.A. Section 5521 (c). Byt~'l (~ I Edgar B. Bayley, J. / Anthony L. DeLuca, Esquire For the Area Agency on Aging Roger Morgenthal, Esquire For Janette Neely A TRUE COpy FROM RECORD tn Testimony wherof, I hereunto . set my hand and the seal ! of said Court at Carlisle, PA '\...J Th~day ai L 0 t :sal 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, Penn~ylvania, 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. 1 She suffers from hypertension, asthma and renal disease. AND NOW, this ORDER OF COURT ~~ 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 Jan.ette 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, I 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'setforth in 20 Pa.C.S.A. Section 5521 (c). BYI?UO, t. Anthony L. D~Luca, Esquire For the Area Agency on Aging Roger Morgenthal, Esquire For Janette Neely :sal IN RE: JANETTE NEELY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :' 21-08-0032 ORPHANS' COURT AMENDED ORDER OF COURT AND NOW, this ~day of March, 2008, the order of March 5, 2008, , appointing Keystone Guardianship Services NPC as plenary g,uardian of the person of Janette Neely and the plenary guardian of the estate of Janette Neely, is amended to add the following provision: Keystone Guardianship Services NPC shall have the authority to revoke powers-of-attorney that Janette Neely previously granted to Betty , . Schlusser and Harold Casner. Anthony L. DeLuca, Esquire For the Area Agency on Aging Roger Morgenthal, Esquire For Janette Neely (") ~o :'''j;g , ':.J:C(; :~; ~ ~ :~.) o~_. ,:)C)-~ ,',)'= ~_.~ ?~ ~i/~ 1'",) c:;:r = ~:, . .... Keystone Guardianship Services 129 Market Street Suite 1 'Millersburg, PA 17061 -;'~. ....-1."... :1::;-",)1 ~'(J . ",' ....'..: I " . ,,' , ~~. "'~ ~: ~:,'~; . ~.. ! '., ~"J ~~~:.j i~~S: .J..,)~ '..",. - ::: :(""_J ", I . '-j-j \..0 .. .= I:j :sal C0 co THE MATTER OF JANETTE NEELY AN ADJUDICATED INCAPACITATED INDIVIDUAL IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NO. 21-08-0032 VERIFICATION I verify that the averments in this Petition for court approval to pay fees and costs are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. I KEYSTONE GUARDIANSHIP SERVICES Date, Wft' ~l. cf>>/JL 7 ~ an~~~ f ././~ ~nstance E. Stoneroad