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HomeMy WebLinkAbout08-06-09 IN THE COURT OF COMMON PLEAS OF ~~ ~,~ ~ ___ -, ~ CUMBERLAND COUNTY, PENNSYLVANIA ~ =`~ ;.~= ' ORPHANS' COURT DIVISION _ ~ T ~ _ e' - ' .-r, ._:~ ~ - ~J1 .. .i i"~ ~~"~ ~ ©x 33 i ~"~ -; ~' ...ew ~.. -' . IN RE: ROBERT BEAUDRY, ` An Alleged Incapacitated Person O.C. No, ~ ~ -~ ~~ ! : _ . a PETITION UNDER ~ 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE ROBERT BEAUDRY TO BE TOTALLY INCAPACITATED AND APPOINT A PEP:MANENT PLENARY GUARDIAN FOR HIS ESTATE AND NOW, COMES, Petitioner, Guardian Elder Care, LLC d/b/a Forest Park Health Center ("Petitioner"), by and through its attorneys, SCHUTJER BOGAR LLC, and hereby petitions for adjudication of incapacity and appointment of a permanent plenary guardian of the estate of Robert Beaudry and, in support thereof, represents as follows: 1. The name of the alleged incapacitated person is Robert Beaudry. 2. Robert Beaudry, the alleged incapacitated person, is an 87 year old marred man who currently resides at Petitioner's skilled nursing facility located at 700 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 3. Petitioner is a domestic limited liability corporation, with its principle place of business located at 1217 Slate Hill Road, Camp Hill, Pennsylvania 17011. 4. Because the alleged incapacitated person resides in Cumberland County, this Court has Jurisdiction pursuant to § 711(10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. Upon information and belief, the alleged incapacitated person has the following living heirs or next of kin who are sui jurist ~~ i, ~' ~ VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: '' 2~1 ~/ ,, ,, , Dawn Jordan, Billi Supervisor Guardian Elder Care Services, LLC d/b/a Forest Park Health Center EXHIBIT "A" l~ow~>~ o>F ,~TTO>~x = KNOW ALL MEN BY THESE PRESENTS that I, ROBERT l~r~. BEAUARX of Carlisle Cumberland County, Pennsylvania, have made, constituted and appointed, and do hereby mare, constitute and appoint my son, )?,A.UL S. BEAUDRY of Cleveland, Ohio, as MY TRUE AND LAWFUL AGENT (hereinafter my "Agent"), for me and in my name alnd on my behalf to receive and receipt ~'or any and all sums of money ox payments due or ~'o become due to rne; to pay any and all bills, accounts, claimts and demands now oz hezeafter payable by me; to make investments and reinvestments foz me; to act forme irx any business in which l anti now or have beexi engaged or interested; to do and perform all matters and things ar~Ed transact ali business; to make execute, and acknowledge all contracts, orders, deeds, writings, dssuranees and instruxnents which may be requisite or pzopez to efFectuate any matter or thing appertaining or belonging to me; and generally to act foz the in all ~mattezs a~'eeting my business oz ~zopezty, with the same force and eft'ect to all intents and purposes as though 1 were personally present a~td acting foz myself, hereby xatil'ying and confirming whatsoever xny said .A,gezxt shad do by authority hereof r In addttion to the above powers, my Agent shall have the follov~ing speci~xc powers: (1) To make gigs to any person selected by my Agent without limitation, including the limitation of the annual exclusion from gift tax provided under section 2503(b) of the Internal Revenue Code (or any successor provision to the Code); (2) To create a trust foz miy benefit; . (3) To make additions to an existing trust for my benefit; (4) To claim an elective share of the estate of my deceased Spouse; (5) To disclaim any interest in property; (6) To renounce fiduciary positions; ("~ To withdraw and xeceive the income or corpus of a trust (8) To engage in real property transactions; (9) To engage in tangible personal pmperiy transactions; t (l 0) To engage in stock, bond or othez securities transactions; AND this Power of Attorney shall not be affected by any future`disability or incapacity of the undersigned principal. _ ~• ~~ IN WITNESS WHEREOF, I have hereunto set my hand and seal, this ~ ~o~ ~~`! 2007. 1 ~ `'`"v` ~~~~ U ~ /` Witttg5s ~~ ROBERT ~_ BEAUDRY /~ ,r_ __ ,V COMMONWEALTH OF PENNSYLVANIA ) SS: COUN'T'Y OF ~ ~a•v~~"n ) ~ 2007 tary , Ozt this, the ~ day of ,.~ J , Ere~ore nae a No Public the undersigned officer, personally appeared R 13ERT M. BEAUDRY~ known to me (or satisfactorily proven) to be the person whose name is subscribed to the?with iu instzument and notice, and acknowledged that he executed the same for the puzposes therein contained. IN DVITNESS WHEROF, I hereunto set my hand and official seal. Not Public My Comaz~issxon Expires. Mrr~w r ~ { car owur+~vouNn MV OolnrnlNl~n ~ ~p 1 ~, ~p10 EXHIBIT "B" 071282009 12:53 St:HUTJER ~80GAR LLC, tFAX)41Z'2E10S30 IN THE COURT OF COMMON PLEAS OF CL~ERLA_ND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: ROBERT BEAUDRY, An Alleged Incapacitated Person O.C. No. ACCEPTANCE OF PROPOSED PERMANENT PLENARY GUARDIAN P.O1 dl020 Bran D. Brooks d/b!a l'A Guardianship Association, the guardian of the estate proposed in the foregoing petition for appointment of a permanent plenary guardian of the estate of Robert Beaudry, the alleged incapacitated person. agrees to accept the appointment as guardian of the estate and avers that it i:, not a fiduciary of an estate in which the alleged incapacitated person 1°.a~ an interest, and the proposed permanent guardian of the estate of Robert Beaudry has no interests adverse to his, The proposed guardian is also the proposed guardian far Jacqueline Beauclry, whose gezardianship hearing is scheduled for August 3], 2009, itx C).C. No. 2009-~44. Date~l:_~ / D Brian Braoks /a Pr Guat•dianship Association