HomeMy WebLinkAbout06-10-09IN THE MATTER IN THE COURT OF COMMON PLEAS OF
GEORGIA D. JOHNSTONE, CUMBERLAND COUNTY, PENNSYLVANIA
AN ALLEGED ORPHANS' COURT DIVISION ~
INCAPACITATED PERSON NO. ~ ~ , pG~ - p3'l1
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FINAL ORDER OF COURT APPOINTING
RY GUARDIANS OF THE ESTATE ANn P
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AND NOW, this 1 D day of J ~ L oo ~, a hearing m~this case..
having been held on lfA , s ~,'~,~_ and it appearing to the Court that notice of this hearing
was served upon all parties to whom such notice is required or was directed by the Court;
including Georgia D. Johnstone, the alleged incapacitated person, who was served with a
Citation and notice of the hearing on _ l~ ~T Z~,,,~ ~ ~ and the Court finds from
the testimony that:
1. Georgia D. Johnstone suffers from a condition or disability which totally impairs
her capacity to receive and evaluate information effectively and to make and communicate
decisions concerning her management of her fmancial affairs.
2. Georgia D. Johnstone suffers from a condition or disability which totally impairs
her capacity to receive and evaluate information effectively and to make and communicate
decisions concerning her person or to meet essential requirements for her physical health and
safety.
3. There are insufficient supports available to assist Georgia D. Johnstone in such
decisions and there exists no other less restrictive alternative mechanism for decision making.
4. Based on the total incapacity of Georgia D. Johnstone to receive and evaluate
information and to make and communicate decisions concerning her management of her
financial affairs, a Plenary Guardian of the Estate is required on a permanent basis.
5. Based on the total incapacity of Georgia D. Johnstone to receive and evaluate
information and to make and communicate decisions concerning her person and to meet essential
requirements for her physical health and safety, a Plenary Guardian of the Person is 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 Georgia D. Johnstone be
and is hereby adjudged a totally incapacitated person and Gary J. Muccio be appointed Plenary
Permanent Guardian of the Estate and Person of Georgia D. Johnstone under the provisions of
Section 5511 of the Probate, Estates and Fiduciaries Code.
If there is a safe deposit box in the name of the incapacitated person alone or in the names
of the incapacitated person and other 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
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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 Orphan's Court Division. None of
the incapacitated person's property may be removed until after the aforesaid inventory is
completed.
Said representative shall be reimbursed for all expenses incurred 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 the Guardian shall be
filed within ~-~~S and annually thereafter.
A surety Bond in the amount of ~ C~ D o , d 6 0 , a v shall be presented for approval
by the Guardian of the Estate within fx+e-(~) days.
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Georgia D. Johnstone, an incapacitated person, has the right to appeal this Order of Court
by filing exceptions within ten (10) days or to petition this Court for a review hearing to modify
or terminate the guardianship herein established. If Georgia D. Johnstone was not present at this
hearing on appointment of a guardian, counsel for the incapacitated person shall serve upon and
read to Georgia D. Johnstone 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 days.
J.
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EXHIBIT A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
HIGH AND HANOVER STREETS
CARLISLE, PA 17014
STATEMENT OF RIGHTS
IMPORTANT NOTICE
TO: GEORGIA D. JOHNSTONE
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN
ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR
YOURSELF AND/OR MANAGE YOUR AFFAIRS. YOU HAVE THE RIGHT TO FILE
EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE
OF THE COURT'S ORDER. IN THE EVENT YOU FILE EXCEPTIONS AND THEY
ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR
COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE
EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME
TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE
IN YOUR CAPACITY OR IF YOUR GUARDIANS FAIL TO PERFORM THEIR
DUTIES IN ACCORDANCE WITH THE COURTS ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO
MODIFY OR TERMINATE THE GUARDIANSHIP, YOU ARE ENTITLED TO BE
REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE
COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY
APPOINT FOR YOU WILL BE PROVIDED AT NO COST TO YOU.
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In Re: GEORGIA D. JOHNSTONE
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-09-0377
ORDER DATE:
JUDGE'S INITIALS:
CERTIFICATE OF SERVICE OF ORDER
TIME STAMP DATE: 06-10-09
IN RE: FINAL ORDER
SERVICE TO: GARY MUCCIO AND ELIZABETH P MULLAUGH
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 06-10-09
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: ANTHONY MUCCIO, ESTHER NELSON, JOHN MUCCIO, ANTOINETTE HARABURDA
DENNIS CARDIN,NICK DILULLO JR LORRAINE LONGWILL, TOMMY MUCCIO,MICHAEL
MUCCIO
GREGORY MUCCIO JULIA NELSON ALEX ROSMAN EDWARD MATULA JANICE ROUSSA
CL~
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 06/ 11 /09
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
De
Cle of Orphans' Court