HomeMy WebLinkAbout05-28-08
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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:
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E. Stoneroad/ of Keystone Guardianship Services/ ofth€l'above-
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captioned incapacitated individual/ petitions as follows: CJ
AND NOW/ this 27th day of May 2008 comes the guardian; ~~st~e ~
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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
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EXHIBIT
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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,
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and no other party shall interfere with her care or otherwise disturb her ~~@:ge an~
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tranquility. To ensure the security and well being of the incapacitated p~r~~~ ~~ ~:;>: <~:':1
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representatives of Arden Court shall have the authority to use their djscre.:\~a~whi~ ma:y"
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include restriction of visits or other contact with the incapacitated perso~.~s~ --j i,:,?
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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).
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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
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Th~day ai L 0
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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,
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
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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
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Keystone Guardianship Services
129 Market Street
Suite 1
'Millersburg, PA 17061
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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
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~nstance E. Stoneroad