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HomeMy WebLinkAbout12-18-09IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HOERNER, :ORPHANS' COURT DIVISION An Incapacitated Person N0.21-06-0217 PETITION FOR TRANSFER OF GUARDIANSHIP c? ~ ~-- ~ ~. , _, ~ _ J '~~-'• ~ , 3 ~ n , y s ' ~ .~~ y... i , AND NOW COMES THE PETITIONER, Cumberland County Aging., c ~ ; -~., . , ` ~"_.-? .- ~ ~ "' ~ ,c~ . - . ^ , - .._...t.~ Community Services, in and for Cumberland County, Pennsylvania, by its so,ctbr, `~ , ~ ~, ~;.' ~ , , -.- Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is Cumberland County Aging & Community Services, also known as the Area Agency on Aging, in and for Cumberland County, Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The incapacitated person is Nancy J. Hoerner, age 76, who currently is residing at the South Mountain Restoration Center located at 10058 South Mountain Road, South Mountain, Franklin County, Pennsylvania. 3. On Apri16, 2006, after a hearing before Judge Kevin A. Hess, Nancy J. Hoerner was determined to be an incapacitated person and the Petitioner was appointed Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner. A copy of the Order of Court is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 4. After the Petitioner was appointed Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner, she was taken to the Behavioral Health Unit at Chambersburg Hospital. 5. Upon her discharge from Chambersburg Hospital, Nancy J. Hoerner was admitted to the South Mountain Restoration Center at 10058 South Mountain Road, South Mountain, Franklin County, Pennsylvania. 6. On May 12, 2008, an Order of Court was entered, pursuant to the filing of a Petition for allowance of Guardian Fee, wherein the Petitioner, Area Agency on Aging, in and for Cumberland County, Pennsylvania, now known as Cumberland County Aging & Community Services, was entitled to receive a payment of a fee for services rendered, as Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner, subject to a maximum of 10% of Nancy J. Hoerner's gross monthly income or $100.00 per month, whichever is less. A copy of said Order of Court is attached hereto, marked as Exhibit "B" and incorporated herein by reference. 7. Michael J. Whare, Esquire, who was appointed to represent Nancy J. Hoerner at the Guardianship Hearing,. has been contacted regarding this Petition and voices no objection to the guardianship being transferred to Franklin County Area Agency on Aging in and for Franklin County, Pennsylvania. 8. The Petitioner, through it's authorized representative, has contacted the Franklin County Area Agency on Aging and that office has agreed to accept the appointment of Permanent Plenary Guardians of the Person and Estate of Nancy J. Hoerner succeeding the Petitioner in this capacity. A copy of the Acceptance by the proposed successor guardian is attached hereto, marked as Exhibit "C", and incorporated herein by reference. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order terminating the appointment of The Area Agency of Aging, in and for Cumberland County, Pennsylvania, now known as Cumberland County Aging & Community Services, as Permanent Plenary Guardians of the Person and Estate of Nancy J. Hoerner and appoint as Successor Guardian, Franklin County Area Agency on Aging, in and for Franklin County, Pennsylvania as Permanent Plenary Guardians of the Person and Estate of Nancy J. Hoerner, the incapacitated person; and that The Area Agency on Aging, in and for Franklin County, Pennsylvania, as Successor Guardian, shall be entitled to receive a payment of a fee for services rendered, as Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner, subject to a maximum of 10% of Nancy J. Hoerner's gross monthly income or $100.00 per month, whichever is less. Dated: ~~~~~~~a?©~~ Respectfully submitted, 'thony eLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Transfer of Guardianship are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~~ ~ +r 1` ~. vc~~i` -~.... ~~` ~'~ Janet Paull IN THE MATTER OF THE PERSON IN THE COURT OF COMMON PLEAS OF AND ESTATE OF: :CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HOERNER, AN ALLEGED INCAPACITATED ORPHANS' COURT DIVISION ~ . _ '~' PERSON N0.21-06- 0217 ~ ~' i FINAL DECREE - - : - ,W;_. -~ .. . .,, _ -~ .- AND NOW, this ~ ` day of April, 2006, this matter having been called fora ~~' ~~ ; ~-, ...,~ hearing, the Court finds, upon clear and convincing evidence, that Nancy J. Hoerner, is r``~ an incapacitated person in that she suffers from a mental impairment that prevents her from receiving and evaluating information effectively and prevents her from formulating and communicating decisions to such a significant extent that she is unable to manage her financial affairs or meet essential requirements for her physical health and safety on a daily basis. The Court appoints the Area Agency on Aging, in and for Cumberland County, Pennsylvania, as Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner. The Area Agency on Aging, as Permanent Plenary Guardian of her Person and Estate, shall also be authorized to place her in whatever facility would be appropriate for her care and safety. BY THE COURT, ~~ Kev' A. Hess, J. Anthony L. DeLuca, Esquire For Area Agency on Aging Michael J. Whare, Esquire Court-Appointed for Nancy J. Hoerner Area A oPn~~~ nn A ainv a.,,~..~ ~ ba..b EXHIBIT "A" A TRUE COPY FROM REC4R~ In Testimony wherof, I hereunto set my hand and the seal of said Court at Carlisle, PA This belay of ~ j 20 ~~ . ,~~ CI®rk' of the Orphans Cour4, i~- Ct~rnb+erSard C:o~nty 4Y ~~ Z00~ ~~#,~ ~.~ IN RE: IN THE COURT OF COMMQN PLEAS OF • :CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HOERNER, .ORPHANS COURT DNISION An Incapacitated Person NO.21-06-0217 ORDER OF COURT AND NOW, this ! Z day of May, 2008, upon review of the Petition for Allowance of Guardian Fee, it is hereby Ordered and Decreed that the Petitioner is entitled to receive payment of a fee for services rendered, as Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner, subject to a maximum of 10% of Nancy J. Hoerner's gross monthly income or $100.00 per month, whichever is less. ce..: Anthony L. DeLuca, Esquire Attorney for the Area Agency on Aging Area Agency on Aging EXHIBIT "B" A. Hess, J. ~1 TRUE CORY FROM ~-~ ~ ` ~' !n Testimony whero#. ! `- ~ ` ~ set my hand and tf~.. - of said Co~~ a~ Ga{ ~ ~ ~ - ,. - i Y of .-: - -- , . ; , ~ r r ~. _ .... ! ~ ~' .. , ' ~ _ /y~ r.~~, ~- ~~~r J. ~~ :: r-) ... :, - r-r: ~ ~~ ,~ , - ;~~ .. _ _. -l ,,.. :-:'. .1 ~~J © `) { !~ '~ U~ '~~ r ;. IN THE MATTER OF THE PERSON AND ESTATE OF: IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY J. HOERNER, AN ALLEGED INCAPACITATED :ORPHANS' COURT DIVISION PERSON N0.21-06-0217 ACCEPTANCE BY PROPOSED SUCCESSOR GUARDIAN I, Traci Kline, Executive Director of the Franklin county Area Agency on Aging, 600 Norland Avenue, Suite 11, Chambersburg, Pennsylvania 17201, certify that I am over 21 years of age and a natural born citizen of the United States. Furthermore, I am able to speak, read and write the Engligh language. Franklin County Area Agency on Aging is a guardianship supporkagency as defined at 20 Pa. C.S. 5551, et. seq., with offices at 600 Norland Avenue, Suite 1 1, Chambersburg, Pennsylvania 17201. Neither I nor Franklin County Area Agency on Aging has any interest adverse to the incapacitated person, Nancy J. Hoerner. I hereby accept on behalf of Franklin County Area Agency on Aging the appointment as Permanent Plenary Guardian of the Person and Estate of Nancy J. Hoerner, succeeding Cumberland County Aging & Community Services in this capacity. Sworn t and subscribed before me This ~ ~ day of p 009. r~-r-cam Notary Public ~+ of ~snww4- a~ ~~f ~ycou ca~Non Maron 4. ~ AMOde~lon Franklin County Area Agency on Aging ~. ~ By: Traci Kline, Executive Director