HomeMy WebLinkAbout10-08-13 JAMES E. KAUFFMAN, : IN THE COURT OF COMMON PLEAS OF
Respondent/Principal : CUMBERLAND COUNTY, PENNSYLVANIA
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BARBARA MURRAY and
RICHARD SMITH, c -n -+
Petitioners NO. 21-12-846 ORPHANS' COI
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FINAL DECREE
AND NOW, this 8h day of October, 2013, after hearings having been held on
November 5, 2012, February 14, 2013, March 4, 2013 and June 5, 2013, and upon
consideration of the record in this matter, including, but not limited to, the testimony of
John M. Hume, M.D., J.D., this Court holds that the Petitioner has presented clear and
convincing evidence such that it appears that James E. Kauffinan is an adult individual
whose ability to receive and evaluate information effectively and communicate decisions
in any way is impaired to such a significant extent that he is partially unable to manage
his financial resources and is partially unable to meet essential requirements for his
physical health. Further, that James E. Kauffman is suffering from dementia of
Alzheimer's type and is in need of a Limited Guardian of his Person and Estate and the
failure to appoint a Limited Guardian will result in irreparable harm to the Person and
Estate of James E. Kauffman.
1. Barbara Murray is appointed Limited Guardian of the Person of James E.
Kauffman until further Order of Court.
2. Barbara Murray is appointed Limited Guardian of the Estate of James E.
Kauffman until further Order of Court.
3. While considering the needs and desires of James E. Kauffman, as Limited
Guardian of the Person of James E. Kauffman, Barbara Murray shall:
a. Be responsible for the general care, maintenance and custody of James E.
Kauffman including, but not limited to:
i. Making accommodations for those reasonable requests made by
James E. Kauffman;
ii. Investigate alternate housing options available to James E.
Kauffman;
in. Establish a meal plan for home-cooked meals while James E.
Kauffman is a resident of a skilled care facility; and
iv. Arrange for James E. Kauffman to be accompanied by Carol
Yost or Barbara Murray for all medical appointments.
b. While also considering the recommendations of James E. Kauffman's
treating physicians, designate the place for James E. Kauffman to live;
c. Be responsible to secure such training, education, medical and
psychological services and social and vocational opportunities, as
appropriate, as well as assisting James E. Kauffman in the development
of maximum self-reliance and independence.
d. Provide required consents or approvals on behalf of James E.
Kauffman, including, but not limited to, consents or approvals for:
i. Medical treatment;
ii. Relocation of housing;
iii. Individuals who may remove James E. Kauffinan from his place
of residence; and
iv. Assist James E. Kauffman with participating in meaningful
social, personal and recreational activities beyond the Country
Meadows residential facilities and campus. Reasonable requests
of James E. Kauffman to attend or participate in social, personal
and recreational activities beyond the Country Meadows campus
shall be permitted provided such are consistent with the request
and physical abilities of James E. Kauffman;
4. Barbara Murray shall arrange for a comprehensive medical evaluation of
James . E. Kauffman's physical and mental condition as well as a
comprehensive medical evaluation of James E. Kauffman's medication. James
E. Kauffman shall cooperate with the aforesaid evaluations, said evaluations to
occur within 60 days of this Order.
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5. While considering the needs and desires of James E. Kauffman, as Limited
Guardian of the Estate of James Kauffman, Barbara Murray shall:
a. Identify and inventory all assets owned by James E. Kauffman,
including his personal assets located at her residence, at the residence of
N. Ray Yovanovich and at James E. Kauffinan's real estate located in
Middlesex Township. Upon completion of the inventory of assets, '
Barbara Kauffman shall provide a list of assets to the Court and counsel
for the purpose of engaging in meaningful discussions pertaining to
maintaining, distributing or liquidating assets owned by James E.
Kauffman for his personal use and payment of his reasonable and
necessary bills; and
b. Arrange for the payment of funeral arrangements for James E.
Kauffman in consultation and in accordance with James E. Kauffman's
reasonable wishes to that end;
c. Be granted the ability to re-direct all of James E. Kauffman's direct
deposits, into James E. Kauffman's Metro Bank Account;
d. Be responsible to manage and supervise the payment of all of the bills
and financial obligations of James E. Kauffman, in consultation with
James E. Kauffman;
c. Be granted access to all bank accounts and safe deposit boxes,
including, but not limited to Metro Bank, Members I" FCU, and PNC
Bank, to inventory the contents of each safe deposit box as well as
deposit all cash into James E. Kauffman's Metro Bank Account;
f. Abide by the terms and conditions of this Court's Order dated February
14, 2013, which grants continuing access to James E. Kauffman to an
amount not exceeding $ 3,500.00 per month for personal use and for the
payment of various bills, taxes, fees and other reasonable and necessary
expenses, subject to the supervision and management of Barbara
Murray as set forth herein. The monthly care bills to Country Meadows
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for James E. Kauffman shall continue to be paid electronically on a
monthly basis from the bank account at Metro Bank.
g. Not close any bank account or investment vehicle or transfer any money
from any bank account or investment vehicle, other than as set forth
herein, without the prior consent of the Court.
h. Not pay any obligation or bill to a new creditor, other than medical
services or treatment, which exceeds Five Hundred Dollars ($500.00)
without the prior consent of the Court.
i. Not permit the sale of any item, including, but not limited to, guns,
unless said sale is specifically approved by Barbara Murray. Any and
all proceeds from such sales shall be deposited into James e.
Kauffinan's account at Metro Bank; and
j. File an annual accounting for the financial estate of James E. Kauffman,
Upon request, Barbara Murray shall provide bank statements to counsel
of record so as to account for her fiduciary and account managing duties
as provided for herein.
6. At least once within the first twelve months of this Order, Barbara Murray
shall file a report with the Court outlining Barbara Murray's performance as
Guardian. The report shall state the current residence of James E. Kauffman
and the type of placement. The report must also indicate James E. Kauffman's
health and mental condition, living arrangements, and support program.
Finally, the report mush give an opinion as to whether the guardianship should
be continued. After the initial report Barbara Murray shall thereafter file a
similar report on an annual basis.
7. Within ninety (90) days of Barbara Murray's appointment, she shall file an
inventory of James E. Kauffman's estate. The inventory should include an
appraisement of personal property; a statement of real estate owned by James
E. Kauffman and a statement of any property which James E. Kauffman
expects to acquire thereafter.
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8. Barbara Murray shalt also file an annual report which shall include the
following information;
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 James E. Kauffman for which_Barbara Murray has provided
since the last report.
9. Barbara Murray shall not be required to file a bond in this matter.
10. In her capacity as Limited Guardian of the Person and Estate of James E.
Kauffman, Barbara Murray shall not transfer or comingle any assets and
incomes of James E. Kauffman with her assets or the assets of any other
person, absent further Order of Court.
11. The terms of this Order of Court are directed for implementation to achieve
the least restrictive conditions and environment for the physical and mental
care, welt-being and interests of James E. Kauffman. In the event Barbara
Murray is unable or unwilling to comply with the specific terms and
conditions set forth herein, or if James E. Kauffman is capable of managing his
person and his estate after the comprehensive medical re-evaluation as set forth
in Paragraph 4, Petitioner or Respondent may file a petition to modify any
term and condition of the Order.
12. Petitioner and Respondent are hereby notified of their right to appeal to the
Pennsylvania Superior Court from this adjudication of incapacity within 30
days of today's date and, as set forth above, may thereafter petition at any time
for a modification or termination of this Order.
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BY THE COURT,
_ / fib
Chris lee L. Peck, J.
Andrew C. Sheely, Esq.
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Attorney for Respondent/Principal
Peter J. Russo, Esq.
50 East Trundle Road
uite 203
Camp Hill, PA 17011
Attorney for Petitioners
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JAMES E KAUFFMAN CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-12-0846
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/8/2013
JUDGE'S INITIALS: CUP
TIME STAMP DATE: 10/8/2013
IN RE: FINAL DECREE
.................................................................--...........
SERVICE TO: ANDRES SHEELY 127 S MARKET ST BOX 95 MECH PA 17055
PETER J RUSSO 5006 E TRUNDLE RD SUITE 203 CAMP HILL PA 17011
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ❑ PETITIONER
❑ RRR ® JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 10/8/2013
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SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
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Clerk of Orphans' Court
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