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HomeMy WebLinkAbout06-16-10 IN RE: ESTATE OF ARLENE E. DELL, AN ALLEGED INCAPACITATED PERSON :IN THE COURT OF COMMON PLEAS :CUMBERLAND, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-10-0210 n o ~© PETITION FOR SUPPLEMENTAL ORDER ~~ o _ ~,~~ ~ v m ~T~ ~ ~ c%> -u ., r~-i ` -? _3 ~~ ~:, . ` ~ TO THE HONORABLE, THE JUDGES OF SAID COURT: J ~ - ' :; ~ :-_ w 1. Petitioner is Craig W. Keefauver, nephew of Arlene E. Dell (the inca~citated p~"son) ~- i .~-; ~ ~ ~ , ; 2. On March 2, 2010, Petitioner filed a Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 PA. Cons. Stat. Ann § 5511 regarding Arlene E. Dell. 3. On March 29, 2010, a hearing was held following due notice before Judge Albert H. Masland. 4. Upon consideration of the Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person and testimony provided at the hearing, Judge Albert H. Masland signed a Final Decree on March 29, 2010, appointing Craig W. Keefauver, as plenary guardian of the person and the Estate of Arlene E. Dell. 5. Craig W. Keefauver, in his capacity as Guardian of the Estate of Arlene E. Dell, located a purchaser for Arlene E. Dell's real estate located at 301 N. Second Street, Wormleysburg, Pennsylvania, in order to resolve a Complaint in Mortgage Foreclosure filed by Orrstown Bank on January 21, 2010, in the Court of Common Pleas of Cumberland County docketed to 2010-453 regarding said property. 6. As evidenced by testimony provided at the hearing, Arlene E. Dell's physical and mental condition is such that she can never return to her residence located at 301 N. Second Street, Y ' Wormleysburg, Pennsylvania and she must continue to reside at Manor Care, Carlisle for the remainder of her life. 7. In addition to the amounts due pursuant to the foreclosure action, Arlene E. Dell currently has an outstanding bill in the amount of $13,719.24 due and owing to Manor Care, Carlisle for her nursing home care, with no resources to pay said bill other than proceeds from the sale of the real estate. 8. On or about June 9, 2010, First Advantage Settlement Company notified counsel for Craig W. Keefauver that their title company would not accept the Final Decree signed by Judge Albert H. Masland and was requiring a Supplemental Order that specifically states Craig W. Keefauver has the authority and power to sell Arlene E. Dell's real estate. WHEREFORE, Petitioner respectfully requests that this Court grant the Supplemental Order attached hereto to specify Craig W. Keefauver's authority as Plenary Guardian of the Person and Estate of Arlene E. Dell to sell Arlene real estate located at 301 N. Second Street, Wormleysburg, Pennsylvania. NAUMAN, SMITH, SHISSLER & HALL, LLP Suz a S. Friday, Esquire Supreme Court ID# 201873 200 North Third Street, P. O. Box 840 Harrisburg, PA 17108-0840 Telephone: (717) 236-3010 Counsel for Petitioner, Craig W. Keefauver Date: June 16, 2010 a VERIFICATION I, Craig W. Keefauver, the undersigned do hereby state that the statements set forth in the foregoing Petition for Supplemental Order aze true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ra' W. Keefa r, Petitioner Date: ~ ~f ~~~ ~ ~ ~