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HomeMy WebLinkAbout99-0635IN RE: NANCY J. DEITCH :COURT OF COMMON PLEAS OF An Adjudicated Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION N0.21-99-635 FINAL DECREE AND NOW, this 2 ~ ~ day of Q,,,,~ , 2011, upon consideration of the Petition of Golden LivingCenter -Camp Hill for Removal and Appointment of Successor Guardian of the Person and Estate of Nancy J. Deitch following due service of a copy of the Petition upon all interested parties, and after receiving no response to the Rule to Show Cause served upon said parties, this Court finds by clear and convincing evidence that: 1. Nancy Deitch is 79 years of age and is a domiciliary of Cumberland County, Pennsylvania. 2. By Final Decree dated September 13, 1999, this Court had previously appointed Gloria Clymer plenary guardian over the Person and Estate of Nancy J. Deitch after find that she suffers from paranoid schizophrenia and severe bipolar affective disorder, that those conditions impair her ability to make any decisions regarding her physical condition, health, well-being, and any other matters, that Nancy Deitch's ability to receive and evaluate information effectively is so impaired that she is totally unable to meet essential requirements for her physical health and safety, and that Nancy Deitch is in need of guardianship services to assist her in making decins ~ ~ regarding her personal health, well-being and finances. , ~ ~~ ~ C ~ ~ '_.... x ~ 3. Gloria Clymer passed away on December 8, 2010. ~ cn ~ ~ i S ~~'i `. _' ~~~ ~ . '.°~': ~. " "" ~ Ca'1 4 a ~ -. S w `~ O C 954723.1 4. Accordingly, it is hereby ORDERED and DECREED that Gloria Clymer is HEREBY removed as the plenary guardian over Nancy J. Deitch's Person and Estate and that Josylan Hull is HEREBY appointed successor plenary guardian of her Person and Estate. a. The guardian of the Person and Estate shall not be required to enter security. b. In the event Nancy Deitch has a safe deposit box, an Official Examiner of this Court shall be in attendance when said safe deposit box is opened. The Certificate of the Official Examiner of his examination of the assets in such safe deposit box shall be submitted to the Court, and, when approved by the hearing judge, shall be filed with the record in this case. The amount and manner of compensation for these services of the Official Examiner shall be determined by the hearing judge. c. An inventory shall be conducted of Nancy Deitch's Estate. Counsel for Nancy Deitch shall be present during the inventory of any real property owned by the incapacitated person. d. All banks and financial institutions are directed to give the guardian of the Estate of Nancy J. Deitch all information which relates to accounts and/or financial transactions in the joint name or individual name of Nancy J. Deitch. e. The guardian of the Estate is directed to file the inventory within ninety (90) days of the date of this Decree in accordance with the provisions of 20 Pa. C.S.A. §5521(b) and §5142. 954723.1 2 f. The guardian shall file a Report not later than twelve (12) months from the date of this Decree and annually thereafter in accordance with the provisions of 20 Pa. C.S. §5521(c)(1) and (ii). g. Within sixth (60) days of the death of Nancy J. Deitch or an adjudication of capacity, the guardian shall file a Final Report with the Court pursuant to 20 Pa. C.S.A. §5521(c)(2). h. If applicable, guardianship fees are to be paid out of funds of the incapacitated Person or her Estate. 5. The guardian or the alleged incapacitated person's counsel shall serve upon and read to Nancy J. Deitch this Decree and, advise her or her right to file exceptions to this Decree within twenty (20) days of the date herein, of her right to appeal to the Superior Court within thirty (30) days of the denial of the exceptions, and of her right to petition the Court at any time to modify or terminate the plenary guardianship if there is a significant change in her capacity or if her plenary guardian fails to perform her duties in accordance with the Court's Decree. BY THE COURT: ~~~~ ~ ~~ J. 954723.1 3 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Nancy J. Deitch, an Incapacitated Person CUMBERLAND COUNTY PENNSYLVANIA NO. 21-99-635 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: Final Decree SERVICE TO: Heather Fisher Barbara Ann Fisher Josylan Hull Marc A Moyer Beverly Clymer METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 6-22-11 SERVICE TO: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~~j ,~- _ ~_~__ ~ f f ~ ; Deputy Clerk of Orphans' Court IN RE: NANCY J. DEITCH :COURT OF COMMON PLEAS OF An Adjudicated Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION NO. 21-99-635 AFFIDAVIT OF SERVICE AND NOW, this ~ day of , 2011, at S~ ~ a.m p.m. I, Josylan Hull, hereby verify that I this day served a true and correct copy of the FINAL DECREE FOR REMOVAL AND APPOINTMENT OF SUCCESSOR GUARDIAN OF THE PERSON AND ESTATE OF NANCY J. DEITCH by reading and explaining the same to and leaving copies thereof with Nancy J. Deitch at GLC -Camp Hill, 46 Erford Road, Camp Hill, Pennsylvania 17011. The above statements are made subject to the penalties of 18 Pa. C.S. § 4804 relating to unsworn falsification to authorities. ~ f s an Hu ~ s -: ~- ~, . m ~c~~ ~ ~~, -n 954694.1 r