HomeMy WebLinkAbout08-31-09IN THE MATTER OF: : IN THE COURT OF COMMON PLEAS
ELISE RACHEL BINDER, :CUMBERLAND COUNTY, PENNSYLVANIA
AN ALLEGED INCAPACITATED :ORPHANS' COURT VI ION
PERSON : NO: ~' (p
FINAL ORDER OF COURT APPOINTING -vim ,~ ~ - ~ - _'
PLENARY GUARDIANS OF THE ESTATE AND PERSON =~? ~ rn w ,
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AND NOW, this ; day of ~ , 2009, a heann ~ cases -~'
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the Court that note f~t is ~_
having been held on and it ap eanng to ~ ;,
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hearing was served upon II pa ies t whom such notice is required or was c~t~e~ted by~ie -
Court, including Elise Rachel Binder, the alleged i c acitated person, who Was servec~ith ~°
a Citation and notice of the hearing efl Z. and the Court finds
from the testimony that:
1. Elise Rachel Binder 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 financial affairs.
2. Elise Rachel Binder 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 Elise Rachel Binder in such
decisions and there exists no other less restrictive alternative mechanism for decision
making.
4. Based on the total incapacity of Elise Rachel Binder to receive and evaluate
information and to make and communicate decisions concerning the management of her
financial affairs, a Plenary Guardian of the Estate is required on a permanent`basis.
5. Based on the total incapacity of Elise Rachel Binder 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 Elise Rachel Binder be
and is hereby adjudged a totally incapacitated person and Lilli A. Binder and Eric J: Binder
be appointed Plenary Permanent Guardians of the Estate and Person of Elise Rachel
Binder 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 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 filed within ninety (90) days. A report by the Guardian shall be
filed within h ~ri.L wr~h and annually thereafter.
A s
a'p~e~a~I-~--tire-~ttai-~ian-of aysr~
Elise Rachel Binder, 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 Elise Rachel Binder was not
present at this hearing on appointment of a guardian, counsel for the incapacitated person
shall serve upon and read to Elise Rachel Binder 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.
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In Re: ELISE RACHEL BINDER
: ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: PENNSYLVANIA
NO. 21-09-0496
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 08-31-09
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 08/31/09
~1 ~; FINAL ORDER OF COURT
SERVICE TO: ERIC J AND LILI A BINDER ELIZABETH MULLAUGH
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 08/31/09
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: CHARLES E CLADEL JR MD
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 09/01 /09
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Depu
Clerk of Orphans' Court