HomeMy WebLinkAbout05-23-13 1,
RECORur�D OFIF OF
REC!S'7Fh OF l.a
i
IGi3 f iflY 23 ,fihl ' 1
CLERK OF
ORPHAf4S' COlfRl'
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUI 9k-W V'XNfA
ORPHANS' COURT DIVISION
IN RE: GLADYS L. WARFEL,
No. : 21-12-0186
An Incapacitated Person
MOTION FOR COURT APPROVAL OF GUARDIANSHIP FEES
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, this 22nd day of May, 2013, comes the Movant, Neighborhood Services of
Lancaster, Inc., by and through its attorney, Julie M. Cooper, Esquire and Gingrich, Smith,
Klingensmith&Dolan, and brings the within Motion for Court Approval'of Guardianship Fees and
in support thereof avers as follows:
1. Your Movant is Neighborhood Services of Lancaster, Inc., a community service
organization located in Lancaster County, Pennsylvania, responsible for, inter alia, providing
numerous and various services to.adults, age sixty.(60) and older,.including but not limited to the
protective service guardianship program with its principal office located at 134 South Prince Street,
Lancaster, Pennsylvania.
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2. On April 16, 2012, upon consideration of the Petition for Appointment of a
Permanent Plenary Guardian of the Person and the Estate and following a hearing,this Honorable
Court adjudicated Gladys L. Warfel to be an incapacitated person.
3. In its Order,the Court appointed Neighborhood Services of Lancaster,Inc.to serve as
plenary guardian of her estate and guardian of her person. A true and correct copy of said Order is
attached hereto and marked as Exhibit"A."
4. The Order that was entered on April 23, 2012 did not contain a reference to the
guardianship fees.
5. The Annual Report prepared by the guardian asks whether the fees received by the
guardian have been approved by the Court.
6. For that reason, Movant is requesting that the Court's Order be amended simply to
include authorization to accept the fees,including any start-up fee as well as monthly fees,that were
put on the record.
7. Movant has attached a proposed Order containing that information and would ask that
it be entered.
WHEREFORE, Movant prays your Honorable Court enter an amended Order making
specific reference to the guardianship fees relative to Gladys L. Warfel, the incapacitated person.
Respectfully submitted,
GINGRICH, SMITH, KLINGENSMITH & DOLAN
Dated:
Julie Cooper, Esquire
I.D. # 902
Gingrich, Smith, Klingensmith& Dolan
222 South Market Street, Suite 201
Elizabethtown, PA 17022
(717) 367-1370
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IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: GLADYS L. WARFEL,
No. : 21-12-0186
An Incapacitated Person
CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of the Motion for Court Approval of
Guardianship Fees upon the person(s) and in the manner indicated below, which service satisfies
the requirement of Pa. R.C.P. 440:
Service by First Class Mail (all parties) on May 22, 2013 addressed to:
Benjamin J. Glatfelter, Esquire
Kennedy, PC Law Office
P.O. Box 5100
Harrisburg, PA 17110-0100
Date: 5/22/13 GINGRICH, SMITH, KLINGENSMITH & DOLAN
By:
Julie Mipooper, Esquire
AttomeT for Neighborhood Services
P. O. Box 267
Elizabethtown, PA 17022
(717) 367-1370
Attorney I.D. # 81902
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II ,:
IN HE MATTER OF THE INj�.T�iE COM2 OF'COMMON r1EAS- C2, s
PE ON AND ESTATE OF: CUtBEP. D COUNTY, PENN-*IRANZAa
OR TAN ' �vn
GZ.,APYS -L. WARFEL, AN ALLEGED li COURT DIVISION ;N MM ml
IN PACITATED PERSON N0:11
ai COQ N —m
�C
IN RE: PETITION FOAi,AB OINTMENT ;OF i w m
PERMANENT PLENARY GUARDIAN F E PERSON-AND ESTATE
BEFORE PEi�i(,,
ORDER OFi Op T
AND NOW, this 16tH Ada of April, 2012, upon
con ideration of the Petition for Apo tment of Permanent Plenary
Gus. than of the Person and Estate i'i .th above-captioned matter,
and following a hearing, Gladys L. 011 1 is adjudicated an
,
inc pacitated person. Neighborhood--�I!Sq, ices of Lancaster, 134
Sou k.h Prince Street, Lancaster, Peni.syl aria, 17603 is appointed
ple ary guardian of her person and q�f ;h r estate; The guardians
are directed to file reports in accgllllyd cerwith the provisions of
Title 20 Pa. C.S. Section 5521(c) eG. s on each occasion that a
report is due by statute.
Notice of this matter Wi11 be; made in writing and
thr ugh a reading of that informatitillnt Gladys L. Warfel by an
individual employed by Golden Living] ,Ce tern. - Camp Hill within 10
day of the date of this order. Th'e' a£ re'said person will give her
notice of her right to appeal and ti' p iton to.modify or
ter inate the guardianship created here n.'
By!the Court,
A TRUE COPY FROM RECORD- -
In Tes'
anY wfnrot,l he?eiWa I
get h&W and tM.aal v .?
CoweatCaAia,
dare C sit ,l -e L. Peck, J.
y
Melba
pphine�;gUtF I .
EXHIBIT
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I
IN �HE MATTER OF THE IN [IPV8 COURT OF COMMON PLEAS OF
PERSON AND ESTATE OF: CUMBF, :COUNTY, PENNSYLVANIA
GLYS L. WARFEL, AN ALLEGED ORPH7AI� COURT DIVISION
INCAPACITATED- PERSON _ NO.j -8012-O1816
IN RE: PETITION FOR; APjP INTMENT OF
PERMANENT PLENARY GUARDIAN !BFI-I E PERSON !AND ESTATE
BEFORE PE�IK; :
l OPINION AND ORDER b COURT
j
Pec J. , April 16, 2012 I
At issue in the piles@ t case is whether Gladys L.
War el should be adjudicated an inc- dc'taed person, and, if so-,
who should be appointed plenary gua1�i Ildi� of her person and her
est te. A hearing was held on this pna er,on Monday, April 16,
201 , before the undersigned judge. I I !
Based upon the evidence, pr serited aq the hearing, ;the
fo1 owing Findings of Fact, Discuss-ion' nd:Order of Court are made
and entered:
i
FINDINGS OF ACIF -
1. The allegedly incaar_,! at ed person is Gladys L.
war el, who resides at this time at,lthe Golden Living Center - Camp
Hil}, 46 Erford Road, Camp Hill, Pennsy vamia 17011.
III 2. Ms. Warfel was borri on September 19, 1924.
3. Petitioner is Golden L viryg- Center - Camp Hill.
4. The allegedly inca at,i atgd person, Gladys L.
Warfel, suffers from schizophrenia 41nd j, as ular dementia, and as a
consequence is riot able to make dec llsao a for herself in either her
Per anal affairs or her financial rjso iNilitles.
5. As a result of the afb es?Iid conditions, Ms. _
War el is an adult whose ability to'jre� ivQ andevaluate
DISCUS,II Ip1�
The previsions rea
pect 6�1 n djudilation of
'inc pacitation and the FinQinge of a he ein are made under Ti Gle
20 a. C.S. Section 5501 at. seq- 11he! et tioner has substantially
I1 t
cock lied with these provisions, and,jba'§ d pon t:4'e foregoing
i
Fin ings of Fact the following order of Court will be entered:
ORDER OF C4, RT
AND NOW, this '16th day of� pr 1, 20j..2, upon
con ideration of the Petition for oi tm nt of!Permanent Plenary
Gua than of the Person and Estate iz th bve-captioned matter;
and following a hearing, Gladys L. aef, 1 s adjudicated an '
inc pacitated person. Neighborhood S , is a of Lancaster, 139 , '
Sou h Prince Street, Lancaster, Penxfsyl ania, 17103 is appointed
ple ary guardian of her person and flfi't r state: The guardiand
are directed to file reports in ace ESrdi ce with the provision of
Tit e 20 Pa, C.S. Section 5521{c} e '.,,s .�on each occasion then a
repirt is due by statute.
Notice of this matter ill be made in writing and
thr ugh a reading of that informatier :t Gi: adys P.. Warfel by an
ind vidual employed by Golden Livinj Ge te� - CaTP Hill within;l0
day of the date of this order. Th p of repaid person will giveiher
not ce of her right to appeal and t pa it�on to'
;modity or
ter inate the guardianship created eke n.�
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