HomeMy WebLinkAbout01-15-13
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I i IN RE: 01~ f1[ Y4 1 d ^ } I I r - ) IN THE COURT OF COMMON
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C U ~4 0 c R L Ik ' E < ) PLEAS OF CUMBERLAND COUNTY,
TIEN KHAI TRAN, an alleged ) PENNSYLVANIA
incapacitated person )
ORPHANS COURT DIVISION
NO.: J1 1 ~ I)S'
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ORDER APPOINTING PLENARY GUARDIAN OF THE PERSON AND PLENARY s
I GUARDIAN OF THE ESTATE
AND NOW, this day of qy~ , 2013, after hearing
and upon review of all of the evidence, this court finds the following:
A. Tien Khai Tran, the alleged incapacitated person in this matter, suffers
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?1 from a medical condition which impairs his ability and capacity to make and
communicate decisions.
B. The said Tien Khai Tran lacks any realistic capacity to make or
communicate important decisions regarding his finances, his healthcare, or other '
critical matters in his life.
C. There is an immediate need for guardianship services for the said Tien
l Khai Tran because he is unable to make decisions for or otherwise care for himself.
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1 D. The Petitioners in this matter, Ut Michael K. Tran and KimQui T. Tran
are the persons in the best position to serve as the plenary guardians of the person
and the plenary guardians of the estate of Tien Khai Tran. There is no other person
j in an immediate situation to provide guardianship services for him.
E. Because of the extent of his disability, this court determines it is
appropriate to appoint plenary guardians of both the person and the estate for Tien
Khan Tran.
F. The duration of the guardianships of the person and of the estate of the
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said Tien Khai Tran should be indefinite because it is not possible, at this time, to
determine whether he will recover from the medical and mental conditions that
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impair and incapacitate him and it is unlikely, because of his condition, that such a
~I recovery will occur at any predictable time.
#E Based upon the above, this court determines that it is appropriate to appoint plenary guardians of
the person and plenary guardians of the estate of Tien Khan Tran and that the petitioners in this
matter, Ut Michael K. Tran and KimQui T. Tran, shall be appointed to such position.
Based upon the above findings, we hereby order as follows:
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1. Ut Michael K. Tran and KimQui T. Tran are hereby appointed the
plenary co-guardians of the person of Tien Khan Tran and are vested with and
authorized to exercise all powers, authorities, duties and functions as the plenary
guardians of the person of Tien Khan Tran as authorized by the law of
Pennsylvania. In the event that either of the co-guardians are deceased or
"j incapacitated to the point that they cannot perform their functions hereunder, the
IE co-guardian shall serve as the plenary guardian of Tien Khan Tran alone.
j 2. Ut Michael K. Tran and KimQui T. Tran are hereby appointed the 1
plenary co-guardians of the estate of Tien Khai Tran and are vested with and
authorized to execute all powers, authorities, duties and functions of plenary
{ guardians of the estate of Tien Khan Tran as authorized by the law of Pennsylvania.
Further, the said Ut Michael K. Tran and KimQui T. Tran are hereby directed to
i take possession of and to manage the finances, assets, and property of the said Tien 3
j Khan Tran and to apply such items for his benefit. In the event that either of the
co-guardians appointed by this order are deceased or incapacitated to the extent that
they cannot serve as the plenary co-guardian of the estate of Tien Khan Tran, the
surviving plenary co-guardian is appointed to serve alone.
BY THE COURT,
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6 Distribution: f
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Samuel L. Andes, Esquire
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525 North 12 Street, P.O. Box 168, Lemoyne, PA 17043
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: TIEN KHAI TRAN CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-1251
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1115113
JUDGE'S INITIALS: MLE
TIME STAMP DATE: 1/15/13
IN RE: ORDER
SERVICE TO: TIEN KHAI TRAN 508 ELLEN RD CAMP HILL PA 17011
SAMUEL ANDES PO BOX 168 LEMOYNE PA 17043
AN KHAI TRAN 508 ELLEN RD CAMP HILL PA 17011
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ® PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 1115113
SERVICE TO: UT MICHAEL K TRAN 508 ELLEN ROAD CAMKP HILL PA 17011
KIM QUI T TRAN 508 ELLEN ROAD CAMP HILL PA 17011
BAYLEY MANGAN 17 W SOUTH STREET CARLISLE PA
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ® PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 1/15/13
Deputy
Clerk of Orphans' Court