HomeMy WebLinkAbout01-07-09 (2)s„ ,
Neil Warner Yahn, Esquire
Attorney LD. No. 82278
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 77033
Attorneys for Petitioner
IN RE: HERBERT ISAAC SOCCER, an ) IN THE COURT OF COMMON PLEAS OF
Incapacitated Person )CUMBERLAND COUNTY, PEN
NSYLVAAIIA
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)ORPHANS' COURT DIVISION ~ a
ON THE PETITION OF CAROL ) ~ z
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KUDNICK SOCCER ) No. 83 OC 2008
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FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN nW,r
AND NOW, this ~~ day of , 2009, a Joint Stipulation having
been filed with the Court on ~ 4'-M"~ ~0 , 2009, and it appearing to the Court that
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Herbert Isaac Soller was served with a copy of the Joint Stipulation to obviate the need for a
hearing scheduled for January 8, 2009, and further finds:
That Herbert Isaac Soller suffers from extensive cardiac complications, renal
failure, and episodes of metabolic encephalopathy, acondition or disability which totally impairs
his capacity to receive and evaluate information effectively and to make and communicate
decisions concerning his management of financial affairs or to meet essential requirements for
his physical health and safety.
2. That there are insufficient supports available to assist Herbert Isaac Soller in such
decisions and that there exists no other less restrictive alternative mechanism for decision
making.
3. That based on the total incapacity of Herbert Isaac Soller to receive and evaluate
information and to make or communicate decisions, a plenary Guardian of the Person and a
plenary Guardian of the Estate are required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the
foregoing findings it is ORDERED, ADJUDGED and DECREED that HERBERT ISAAC
SOCCER be and is hereby adjudged a totally incapacitated person and CAROL RUDNICK
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SOCCER is appointed Plenary Permanent Guardian of the Person and CAROL RUDNICK
SOCCER is appointed Plenary Permanent Guardian of the Estate.
If there is a safe deposit box in the name of the incapacitated person alone or in the names
of the incapacitated person and another or others, said safe deposit box shall not be entered by
the guardian except in the presence of a representative of the financial institution where the box
is located or in the presence of a representative of the Orphans' Court Division. The
representative present at the time of entry shall make or cause to be made a record of the
incapacitated person's property, and said record shall be filed with the Clerk of the Orphans'
Court Division. None of the incapacitated person's property may be removed until after the
aforesaid inventory is completed.
A reasonable fee for the services of the representative maybe made and shall be payable
from the estate of the incapacitated person. If the safe deposit box is jointly owned, five (5) days
notice of the proposed entry shall be given to the other owners by the guardian.
An Inventory must be filed within ninety (90) days. A report by each Guardian shall be filed
annually thereafter.
A Surety Bond is not required.
Herbert Isaac Soller, an incapacitated person, has the right to appeal this Order of Court
by filing exceptions within ten (10) days of this date or to petition this Court for a review hearing
to modify or terminate the guardianship herein established. Because Herbert Isaac Soller was
not present at this hearing on appointment of a guardian then petitioner shall serve upon and read
to Herbert Isaac Soller the Statement of Rights, a copy of which is attached to this Order as
Exhibit "A", and file proof of such service with this Court within ten (] 0) days.
BY
J.
In Re: HERBERT ISAAC SOCCER
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. OS-0083
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
CERTIFICATE OF SERVICE OF ORDER
IN RE: FINAL ORDER
SERVICE TO: NF.II, vnuN
ELIZABETH MULLAUGH
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 01/07/09
ENVELOPES PROVIDED BY'
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY'
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT