HomeMy WebLinkAbout05-29-08
Brian K. Zellner, Esquire
Supreme Court ID #59262
315 Bridge Slreel, Lower Level
New Cumberland, PA 17070
(717)774-1357
'APR 252008
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IN THE COURT OF COMMON PLEAS,
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
O.C. NO. J I-O~ - oL/& 7
ESTATE OF YVETTE J. HARNER
AN ALLEGED INCAPACITATED PERSON
PETITION UNDER 15511 OF THE PROBATE,
ESTATES AND FIDUCIARIES CODE TO ADJUDGE
YVETTE J. HARNER TO BE TOTALLY INCAPACITATED AND
APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON
DECREE
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AND NOW, this 1 ~ day of
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,2008, based upon the
record and the testimony presented, this Court finds by clear and convincing evidence
that YVETTE J. HARNER is an incapacitated person who cannot manage her personal
or financial affairs.
It is hereby ORDERED and DECREED that Nancyyvette Stewart is appointed
Plenary Guardian of the Person and of the Estate of Yvette J. Harner with powers and
duties including, but not limited to the following: (1) to consent to medical treatment; (2)
to provide for the continued care and placement of Yvette J. Harner, including to
consent to and authorize admission to a long-term care or other appropriate care
facility; (3) to oversee her care at any long-term care or other facility; (4) to complete
and sign any necessary insurance and Medical Assistance forms; (5) to ascertain the
amount and extent of any assets of and to use such funds as necessary to fulfill the
preceding duties; and (6) to provide for the continued care and well-being of Yvette J.
Harner, all in accordance with the provisions of 20 Pa.C.S. 95501 et seg. and as limited
therein.
It is further ORDERED that the Nancyyvette Stewart shall not post a Court-
appointed bond.
It is further ORDERED that the Guardian of the Person shall file a Report on the
social, medical and other relevant conditions within six (6) months from the date of this
appointment and annually thereafter as required by 20 Pa.C.S.A. 95521 (c), on the
forms provided by the Clerk of the Orphans' Court of Cumberland County.
It is further ORDERED that the Guardian of the Estate shall file an Inventory with
the Court within ninety (90) days and a Report within six (6) months from the date of this
appointment and annually thereafter as required by 20 Pa.C.S.A. 95521 (c), also on the
forms provided by the Clerk of the Orphans' Court of Cumberland County. Any Will of
Yvette J. Harner shall be presented to the Court for its inspection at the time of filing of
the Inventory. Such Will shall not be available for public inspection.
It is further ORDERED that the Guardian of the Estate shall have the authority to
spend reasonable amounts from income for the care and maintenance of Yvette J.
Harner without Court approval. However, the Guardian cannot otherwise spend
principal or income assets without written Court approval.
It is further ORDERED that to the extent the assets of the Estate of Yvette J.
Harner are not identified at the time of the hearing, this information shall be provided to
the Court no later than at the time of filing of the Inventory, and revisions to any
Guardian bond requirements shall be made at that time.
It is further ORDERED that within sixty (60) days of the death of the
incapacitated person or an adjudication of capacity and modification of existing Orders,
the Guardian shall file a final Report with the Court per 20 Pa.C.S.A. 95521 (c)(2).
BY THE cou~
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: EST A TE OF YVETTE J HARNER,
AN ALLEGED INCAP ACIA TED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0467
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: OS/29/08
JUDGE'S INITIALS: KAH
TIME STAMP DATE: OS/29/08
IN RE: DECREE
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SERVICE TO:
BRIAN K ZELLNER ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
~ HAND DELIVERED
D OTHER_
~ PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: OS/29/08
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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: