HomeMy WebLinkAbout02-05-13
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
NINTH JUDICIAL DISTRICT OF PENNSYLVANI2 ca w m c7
ORPHANS' COURT DIVISION m c-~ cs
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IN RE: EMILY JANE MILLER rte- z M cn
An incapacitated person No.: 21-12-956 z v'. Q r)
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ORDER OF COURT
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AND NOW, this 5t" day of February, 2013, after hearing in the above
captioned matter, the Court finds by clear and convincing evidence that Emily
Jane Miller suffers from dementia and is an incapacitated person who has a
mental impairment that prevents her from receiving and evaluating information
effectively and prevents her from formulating and communicating decisions to
such a significant extent that she is unable to manage her financial affairs or
meet the essential requirements for her physical health and safety on a daily
basis.
IT IS ORDERED AND DIRECTED that Charles Melvin Cobaugh, a trained
accountant and the brother of the Incapacitated Person, is appointed to serve as
the permanent plenary guardian of the person and estate of Emily Jane Miller. In
the exercise of this guardianship, Charles Melvin Cobaugh is authorized to
engage the services of any individual or individuals he feels are necessary to
provide personal care for Emily Jane Miller and to provide financial services for
managing her estate. He will determine the amount of compensation to be paid
for these services. In the exercise of his sole discretion, he will determine the
necessity of utilizing the January 2013 Edition of the Care Plan for Emily Jane
Miller, prepared by Keystone Elderly Law PC.
IT IS FURTHER ORDERED AND DIRECTED that the Guardian of the
Estate shall file an Inventory within ninety (90) days of the date of this decree in
b and §5142• The said
f 20 Pa.C.S.A. §5521 ~ hated person's
the prOV►sions ° al of the incapac
0
accordance with ,tted to expend the princ ip e with the p
Guardian rOV►si°ns °f 2
is not perm►
of the C°u►~ in acc°rdanc
without perm►ss1On of bond will
estate that the posting
pa.C.S-A• §5536 OFtpEREp ANp pIRECTEp
with the reporting
IT IS FURTHER an shall hereafter comply
The guard► hich is attached'
be waived in this case a copy of w eneral
0 pa C S.A §5521(c), TEp that any ex►sting g
requirements of2 oRpEREp ANp pIREC of attorney
FURTHER an
power dlor health care p°
IT IS er of attorney and
eb specifically revoked an
of attorney, limited p°w wer
son is her Y
executed by the incapacitated per
null and void. By the Court'
rendered
M I- Ebert, 3r•,
Nesbit, Esquire
pavid p• for Petitioners
Attorney
Sohn Mangan, E q Jane Miller
Attorney for emIY
°hlsen, Esquire
Melisa W for Lori Miller
Attorney
pas
20 Pa.C.S. Section 5521(c)
Reports.-
(1) Each guardian of an incapacitated person shall file with the court
appointing him a report, at least once within the first 12 months of his
appointment and at least annually thereafter, attesting to the following:
(i) Guardian of the estate:
(A) current principal and how it is invested;
(B) current income;
(C) expenditures of principal and income since the last
report; and
(D) needs of the incapacitated person for which the
guardian has provided since the last report.
(ii) Guardian of the person
(A) current address and type of placement of the
incapacitated person;
(B) major medical or mental problems of the incapacitated
person;
(C) a brief description of the incapacitated person's living
arrangements and the social, medical, psychological and other
support services he is receiving;
(D) the opinion of the guardian as to whether the
guardianship should continue or be terminated or modified and the
reasons therefore; and
(E) number and length of times the guardian visited the
incapacitated person in the past year.
(2) Within 60 days of the death of the incapacitated person or an
adjudication of capacity and modification of existing orders, the guardian shall file
a final report with the court.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: Emily Jane Miller CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-956
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 2/5/13
JUDGE'S INITIALS: MLE
TIME STAMP DATE: 2/5/13
IN RE: Order of Court
SERVICE TO: John Manxan David Nesbit Melissa Wohlsen
17 West South Street 555 Gettysburg Pike Ste C-100 128 North Lime Street
Carlisle PA 17013 Mechanicsburg PA 17055 Lancaster PA 17602
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ❑ PETITIONER
❑ RRR ® JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 2/6/13
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
Deputy
Clerk of Orphans' Court