HomeMy WebLinkAbout06-18-08IN RE: IN THE COURT OF COMMON PL~S OF. ~,
CUMBERLAND COUNTY, PENNSY~T~TIA
ORPHANS' COURT DIVISION '~-~?
IN RE : BERTHA STONE, _ ~? .~.~-~-.'
;fin Alleged Incapacitated p~~~1~~3 '_-~' --
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erson
FINAL DECREE - ADJUDICATION OF TOTALLY INCAPACITATE PERSON
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AND NOW, this 16th day of June, 2008, based upon the
evidence received and the record, this Court finds, by clear and
convincing evidence, that Bertha Stone, is a totally incapacitated
person, and she is so adjudicated.
The Court finds that Bertha Stone suffers from
dementia that totally impairs her capacity to receive and evaluate
information effectively and to make and communicate decisions
r~=garding the management of her financial and personal affairs.
Good News Consulting, Inc., is appointed Permanent
Plenary Guardian of the Estate of Bertha Stone. The Guardian shall
not be required to post a bond and shall be entitled to an initial
start-up fee of $350.00 and then a monthly fee in the amount of
$1.00.00 as established by Medical Assistance Regulations. The
Guardian shall file a report in compliance with 20 Pa. C.S. Section
5521(c) within 90 days of this order and annually thereafter.
Edith Eckart, daughter of Bertha Stone, of 527D South
West Street, Carlisle, Pennsylvania, and Mary Gross, granddaughter
of Bertha Stone, of 917 Park Place, Mechanicsburg, Pennsylvania,
are appointed Co-Guardians of the person of Bertha Stone.
The Guardian of the estate shall be able to enter a
sa:Ee deposit box, if any, in the name of Bertha Stone without prior
Court authorization.
The Guardian of the Person and the Guardian of the
Estate shall cooperate to prepare a budget to cover the costs of
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providing nursing care services to the person of Bertha Stone.
The Guardian of the Estate shall have the authority
and responsibility to manage and use Bertha Stone's property
primarily for her benefit and secondarily for the benefit of her
.legal dependants in accordance with 20 Pa. C.S. Section 5536(a).
3?urther, 20 Pa.C.S. Section 5536 (a) authorizes the Guardian of the
Estate to spend income for the aforesaid purposes without the
Court's written approval. The Guardian of the Estate may also
~~pend principal assets, if any, for the skilled nursing care and
maintenance rendered to Bertha Stone by Petitioners and to
establish an appropriate, reasonable burial reserve without Court
approval.
The aforementioned judicial determinations have taken
into consideration the matters required,by 20 Pa.C.S. Section
5512.1. Support for the Court's findings of fact and conclusions
of law has been placed on the record at the evidentiary hearing.
By the Court,
Kirk S. Sohonage, Esquire
4:15 Walnut Street, 4th Floor
Harrisburg, PA 17101
For Petitioners
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: BERTHA STONE,
AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0173
CERTIFICATE OF SERVICE OF ORDER
ORI:-ER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: FINAL DECREE
SERVICE TO: WILLIAM KESLER ESO BERTHA STONE
EDITH ECKART TINA HESS (GOOD NEWS CONSULTING)
MARY GROSS
METHOD OF MAILING: ENVELOPES PROVIDED BY:
~ USPS ®PETITIONER
[] RRR ^ JUDGE
[] HAND DELIVERED ®CLERK OF ORPHANS COURT
OTHER
MAILED: 06/ 18!08
SERVICE TO: KIRK SOHONAGE ESQ
METHOD OF MAILING:
® USPS
^ RRR
[] HAND DELIVERED
[] OTHER
MAILED: 06/ 18/08
ENVELOPES PROVIDED BY:
^ PETITIONER
® JUDGE
^ CLERK OF ORPHANS COURT
i
Deputy
Clerk of Orphans' Co