HomeMy WebLinkAbout01-17-13 (3)IN RE:
DAVID JAMES EBY,
AN ALLEGED INCAPACITATED PERSON
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY~ENNSYLVANIA~
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ORPHANS' COURT DIVI ~p~ (~~ ='' ~;~
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FINAL ORDER OF COURT APPOINTING y ~~~'
PLENARY GUARD~A
OF THE PERSON AND ESTATE t :_' "~LL
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AND NOW, this day of 20'I~, a hearing in this case having been
held on ~ ~~~ ~2• and it appearing to the Court that notice of this hearing
was served upon all parties to whom such notice is required or was directed by the Court,
including David James Eby, the alleged incapacitated person, who was served with a
Citation and Notice of the hearing on ~ , 2012, and the Court finds that the
physical or mental condition of David James Eby would be harmed by his presence at
hearing, and further finds from the testimony:
1. That David James Eby suffers from autism, a condition or disability which
totally impairs his capacity to receive and evaluate information effectively and to make and
communicate decisions concerning the management of his financial affairs and to meet
essential requirements for his physical health and safety.
2. That there are insufficient supports available to assist David James Eby in
such decisions and that there exists no other less restrictive alternative mechanism for
decision making.
3. That based on the total incapacity of David James Eby to receive and
evaluate information and to make or communicate decisions, plenary guardian of the
person and estate are required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the
foregoing findings it is ORDERED, ADJUDGED and DECREED that David James Eby be
and is hereby adjudged a totally incapacitated person and Linda K. Burnett is appointed
plenary guardian of the PERSON and ESTATE of David James Eby under the provisions of
Section 5511 of the Probate, Estates and Fiduciaries Code.
A report by the plenary guardian of the person shall be filed on or before the first
anniversary of the guardian's appointment and annually thereafter.
David James Eby, an incapacitated person, has the right to appeal this Order of
Court by filing exceptions within ten (10) days of this date or to petition this Court for a
review hearing to modify or terminate the guardianship herein established. If David James
Eby was not present at this hearing on appointment of a guardian then petitioner shall serve
upon and read to David James Eby the Statement of Rights, a copy of which is attached to
this Order as Exhibit "A", and file proof of such service with this Court within ten (10) days.
The guardian shall have all powers and duties provided by law including those
described in 20 Pa.C.S.A. § 5521.
The appointment of Linda K. Burnett as guardian of the ESTATE and of the
PERSON of David James Eby shall be effective until further Order of Court.
Within ninety (90) days of the date of this Decree, Linda K. Burnett shall file a
complete Inventory on behalf of David James Eby in accordance with the provisions of 20
Pa.C.S.A. § 5521(b) and § 5142.
The said guardian is not permitted to expend the principal of the incapacitated
person's estate without permission of the Court in accordance with the provisions of 20
Pa.C.S.A. § 5536.
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Furthermore, the said guardian shall file a Report at least once within the first twelve
(12) months of guardian's appointment and at least annually thereafter in accordance with
the provisions of 20 Pa.C.SA § 5521 (c)(I)(i) and (ii).
Should the incapacitated person die or be declared to have regained capacity, the
guardian shall file a Final Report with the Court within sixty (60) days of the date of death
pursuant to 20 Pa.C.SA § 5521(c)(2).
The Court waives the entry of a bond at this time pending a review of the Inventory.
Payment to McNees Wallace & Nurick LLC, counsel for Petitioner, of attorneys' fees
and reimbursement of its reasonable costs for services rendered in connection with these
proceedings may be made from the incapacitated person's estate.
HE~CQURT:
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{A3057509:1 }
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
ONE COURT HOUSE SQUARE
CARLISLE, PA 17013
STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN
IMPORTANT NOTICE
TO: DAVID JAMES EBY
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED
AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR
MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS
TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF-THE COURT'S
ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN
THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A
RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS
OF THE DATE OF THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO
MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR
CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN
ACCORDANCE WITH THE COURT'S ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO
MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE
REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE
COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT
FOR YOU MAY BE PROVIDED AT NO COST TO YOU.
{A3057509:1 }
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: DAVID JAMES EBY, AN ALLEGED
INCAPACITATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-1240
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1 / 1
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 1/1
IN RE: FINAL ORDER
SERVICE TO: LISA COYNE 3901 MARKET ST CAMP HILL PA
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 1/18/13
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
SERVICE TO: SCOTT ALAN MITCHELL 570 LAUSCH LANE STE 200 LANCASTER PA 17601
DAVID JAMES EBY 2714 CEDAR ST MECHANICSBURG PA 17055
LINDA K BURNETT 2714 CEDAR ST MECHANICSBURG PA 17055
L MARLIN EBY c/o MESSIAH COLLEGE ONE COLLEGE AVE GRANTHAM PA 17027
MICHAEL J EBY 1048 HEMLOCK LANE ENOLA PA 17025
DANIEL M EBY 2714 CEDAR ST MECHANICSBURG PA 17055
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 1/18/13
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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