HomeMy WebLinkAbout04-07-10
IN RE: HARRY W. PREIS,
an Alleged Incapacitated Person
IN THE COURT OF COMN~ION PLEAS
OF CUMBERLAND COUN'Y,
PENNSYLVANIA
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ORPHANS' COURT DIVISI _ ~., ~
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21-10-0170 `
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DECREE ~~ ;,
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AND NOW, this _~ day of , 201'0, after a `~''
hearing before the Court and upon review of the testimony of Kenne~'h B. Conner,
M.D., which was presented by deposition, and after consideration of the factors set
forth in 20 Pa. C.S.A. §5512.1, the Court finds as follows:
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1. Based on clear and convincing evidence, Harry W. Preis is adjudicated a
totally incapacitated person.
2. Harry W. Preis suffers from advanced and progressive dementia, a
condition which totally impairs his capacity to receive agd evaluate information
effectively and to make and communicate decisions concerning manai~ement of his
affairs.
3. Harry W. Preis is in need of comprehensive guardianship services over
his estate.
It is accordingly ORDERED AND DECREED as follows:
1. Nancy Reist Preis is hereby appointed plenary, permanent guardian of
the estate of Harry W. Preis, and shall have authority and responsibility to act on his
behalf to manage and use his property for his exclusive benefit.
2. Nancy Reist Preis is hereby authorized to execute, on b~lialf of Harry W.
Preis, the Fourth Amendment to Revocable Agreement of Trust of the Harry W. Preis
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Revocable Trust, a true and correct copy of such Fourth Amendment being attached
as Exhibit "B" to the Petition filed hereunder, and to perform all other acts necessary
in light of the repeal of the federal estate tax to carry out the testamientary wishes as
already expressed by Harry W. Preis.
3. The guardian shall within three (3) months of today file an inventory of
the assets of the estate of the incapacitated person, and thereafter shall file within
twelve (12) months of this Decree and at least annually thereafter, a report which
includes all information required by 20 Pa. C.S.A. §5521(c).
4. The requirement of a bond is waived in light of Nancy heist Preis'
relationship with Harry W. Preis, who is her husband.
5. Any party has the right to file Exceptions to this Decree within twenty
(20) days of its entry.
6. A copy of this Decree shall be provided to the incapacitated person
TO: Harry W. Preis
STATEMENT OF RIGHTS
YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S
DECREE WITHIN TWENTY (20) DAYS OF ENTRY OF THE DI~CREE. IF YOU
FAIL TO FILE EXCEPTIONS, THE DECREE WILL BECOME FINAL. IF YOU
FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A ~,IGHT TO FILE
AN APPEAL TO THE PENNSYLVANIA SUPERIOR COURT V~!ITHIN THIRTY
(30) DAYS OF THE DATE OF ENTRY OF THE ORDER DENYING THE
EXCEPTIONS. IN ADDITION, YOU MAY AT ANY FUTURE TIME PETITION
THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP.
BY THE C URT:
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(Distribution Billows.)
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DISTRIBUTION:
Todd F. Truntz, Esquire, Elyse E. Rogers, Esquire, Keefer Wood Allen & Rahal,
LLP, 635 N. 12th Street, Suite 400, Lemoyne, Pennsylvania, 17043
Nancy Reist Preis, 480 Norht 25th Street, Camp Hill, PA 17011
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: HAR~ZY W. PREIS
AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-10-0170
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 04/07/10
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 04/08/10
IN RE: DECREE
SERVICE TO: TODD F TRUNTZ ESQ AND ELYSE E ROGERS ESQ,
NANCY REIST PREIS
GRACE D'ALO ESQ FOR HARRY PREIS
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 04-08-10
SERVICE TO:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^~
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Dep
Clerk f Orphans' Court