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Home My WebLink About05-31-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CD IN RE: ORPHANS' COURT DIS10N w rn PAULINE K. COVER, No. 179 of 2013 ::o co a z� r An Alleged Incapacitated Person _ r j-.1 ORDER OF COURT APPOINTING ° PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE -� AND NOW, to--wit, this day of_� , 2013, following hearing hEld on ?xlS /3 4 it"appearing to the Court that PAULINE K. COVER was served on March 26, 2013, with a Citation and Notice in this matter, the Court finds from clear and convincing evidence presented at the hearing (including the deposition testimony of Dr. Thoms Kunkle, .D.O.): 1. That PAULINE K. COVER suffers from multiple conditions and disabilities, including but not limited to moderately severe Alzheimer's disease with paranoid delusions, reactive confusion, which totally impair her capacity to receive and evaluate information effectively and to make and communicate decisions necessary to both meet essential requirements for her physical health and safety and for the management of her financial resources. 2. That there are insufficient supports available to assist PAULINE K. COVER in overcoming such limitations and that there exists no less restrictive alternative mechanism for decision-making regarding her person or her estate than the appointment of a plenary guardian. 3. That based on the incapacity of PAULINE K. COVER to receive and evaluate information effectively and to make or communicate decisions regarding her person or her financial affairs, a plenary guardian of her person and estate is required on a permanent basis. 1. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that PAULINE K. COVER be and is hereby adjudged an incapacitated person and that Keystone Guardianship Services, is appointed plenary, permanent guardian of the estate and that Brenda Hall is appointed plenary, permanent guardian of the person. 0-isner Kathy W1sman is hereby removed as Agent of Pauline K. Cover. Brenda Hall, as permanent, plenary guardian of the person of PAULINE K. COVER shall have full authority to consent to the general care, maintenance, and custody of PAULINE K. COVER without exception. The permanent plenary guardian of the person herein appointed shall also assure that PAULINE K. COVER receives appropriate services and shall assist her in developing self-reliance and independence. Keystone Guardianship Services, as permanent, plenary guardian of the estate of PAULINE K. COVER shall have the authority to marshal all of her income and assets, to access the financial records of PAULINE K. COVER whether those records be at a Bank, Credit Union, a Brokerage firm or elsewhere and also the authorization to spend income and principal of the estate for the benefit of PAULINE K. COVER. As guardian, on behalf of PAULINE K. COVER, Keystone Guardianship Services shall have the authority to engage in transactions with the Internal Revenue Service and the Pennsylvania Department of Revenue. Theses transactions shall include, but not be limited to, fling Federal Income Tax Returns, filing Pennsylvania Income Tax Returns and requesting copies of previously filed tax returns. Keystone Guardian Services shall pay PAULINE K. COVER'S bills, and manage her financial affairs, as fully as PAULINE K. COVER could do so herself if she had not been adjudged incapacitated. Keystone Guardianship Services, as permanent plenary guardian of the estate of PAULINE K. COVER, is hereby authorized, in accordance with applicable Pennsylvania Medical Assistance regulations, to be paid the sum of One Hundred and 00/100 Dollars ($100.00) per month on an ongoing basis from the principal assets of PAULINE K. COVER for - 2 - guardian's services rendered to her, reserving the right to petition for allowance of additional fees as may be appropriate. Any additional guardian's compensation shall not be paid from the estate of PAULINE K. COVER without specific, separate approval by this Court. If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the guardian of the estate except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the guardian of the estate. An inventory must be filed by the guardian of the estate no later than 3 /tondo 7'7vt lit- %T^ �TT Reports by the guardians of the person and of the estate shall be filed on or before v�tb �S� and annually thereafter in a form approved by the Orphans' Court Division. Within sixty (60) days of the death of the incapacitated person or an adjudication of capacity and modification of existing orders, the guardian of the estate shall file a final report with the Court in the form prescribed for accounts which shall cover the period from the date of the appointment of the guardian of the estate to the date of death of the incapacitated person or the adjudication of capacity. A guardian's bond is presently waived but shall be presented for approval by guardian of the estate within five (5) days of the guardian becoming aware of assets other than these set forth in the Petition. 3 - PAULINE K. COVER, an incapacitated person, has the right to appeal this Order of Court by filing exceptions with the Clerk of the Orphans' Court within ten (10) days and by filing notice of such appeal to the Superior Court or to petition this Court for a review hearing to modify or terminate the adjudication of incapacity and the guardianship herein established. If PAULINE K. COVER was not present at this hearing on appointment of guardian then she shall be notified of these rights by serving upon and reading to her a copy of this Order and the Statement of Rights attached hereto as Exhibit "A". Proof of service of the Statement of Rights shall be filed with the Clerk of Orphans' Court within ten (10) days of the date of this Order. PER CURIAM: - 4 - ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: PAULINE COVER CUMBERLAND COUNTY PENNSYLVANIA NO. 13-179 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 05/31/2013 JUDGE'S INITIALS: CLP TIME STAMP DATE: 05/31/13 IN RE: ORDER OF COURT .......................................................................... SERVICE TO: AARONJACKSON METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑ PETITIONER ❑ RRR ❑JUDGE ® HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 05/31/2013 ............................................................................................. SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑ USPS ❑PETITIONER ❑RRR ❑JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: Deputy Clerk rph ourO ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: PAULINE K COVER CUMBERLAND COUNTY PENNSYLVANIA NO.21-13-0179 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 5/31/2013 JUDGE'S INITIALS: CLP TIME STAMP DATE: 5/31/2013 IN RE: ORDER OF COURT APPOINTING PERMANENT PLENARY GUARDIAND OF THE PERSON AND ESTATE ............................... SERVICE TO: PAULINE K COVER 770 POPLAR CHURCH RD CAMP HILL PA 17011 BRENDA HALL 1141 LAMBS GAP RD MECH 17055 KATHY WISNER 35 SCARSDALE DR CAMP HILL PA 17011 RICK WISNER 206 PENNSYLCANIA AVE CAMP HILL PA 17011 METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ® PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 6/3/2013 ................................................. SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: fiziw Deputy Clerk of Orphans' Court