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Home My WebLink About11-08-13 IN RE: ESTATE OF AUSTIN MICHAEL STONE: 1N THE COURT OF COMMON PLEAS OF AN ALLEGED 1NCAPACITATED : CUMBERLAND COUNTY, PENNSYLVANIA PERSON : : NO. 21-13-0945 : ORPHANS' COURT DIVISION r� � c� � � APPEARANCES: � o .�,' m � � -� � u? c� Hannah Herman-Snyder, Esquire, appears on behalf of the Petiti�e� r-`�- � ...�.� � A � rri � �=i rTZ Jennifer B. Hipp, Esquire, appears on behalf of the Respondent. � � � � �, �.� �j r,,,;a _,.:� � -rv � � n. . .:,:, tv g �_�' ORDER OF COURT `� ''' ;:i� _.t= c:� �:x Cf1 'Tt AND NOW, this 8th day of November, 2013, based upon the evidence received and the findings made of record on November 8, 2013, this Court finds by clear and convincing evidence that AUSTIN MICHAEL STONE is, and therefore is adjudged, a totally incapacitated person. Accordingly: A. APPOlNTMENT OF PLENARY GUARDIAN OF THE PERSON: DIANE J. STONE is hereby appointed Plenary Guardian of the PERSON, and shall have authority to act on behalf of AUSTIN MICHAEL STONE, to provide for the general care, maintenance and custody of the said incapacitated person. The Plenary Guardian of the PERSON shall arrange for medical, psychological and psychiatric services and social and vocational opportunities, as appropriate. The Plenary Guardian of the PERSON shall assist said incapacitated person in the development of maximum self-reliance and independence. The Plenary Guardian of the PERSON shall assist said incapacitated person in regards to deciding on an appropriate residential setting. The Plenary Guardian of the PERSON shall have authority to give consent for and to withhold surgical or medical treatment, except that which is excluded by �� 20 Pa.C.S.A. §5521(d). The Plenary Guardian of the PERSON shall file with the Clerk of Court a report on the social, medical and other relevant conditions, as required by 20 Pa.C.S.A. §5521(c), within twelve months of this Decree and annually thereafter. In the event that DIANE J. STONE is not available to serve as the Plenary Guardian of the PERSON, TYLER A. STONE shall serve as the Plenary Guardian of the PERSON. B. APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE: DIANE J. STONE is hereby appointed Plenary Guardian of the ESTATE of AUSTIN MICHAEL STONE and shall have authority and responsibility to manage and use the incapacitated person's property for his benefit in accordance with 20 Pa.C.S.A. §5536(a). The Plenary Guardian of the ESTATE shall take control of the incapacitated person's property and assure that it is adequately protected against loss, shall invest said property in investments suitable to the incapacitated person's circumstances; shall pursue the incapacitated person's outstanding claims; shall, if necessary, seek an accounting from such one or more persons as have controlled the incapacitated person's property; shall establish a budget and shall file a report with the Clerk of Court about assets, investments, receipts and disbursements, as required by 20 Pa.C.S.A. §5521(c), within twelve months of this Decree and annually thereafter. The Plenary Guardian shall file an inventory with the Court in accordance with 20 Pa.C.S.A. §5521 and 5142 within three months of this Decree. According to 20 Pa.C.S.A. §5536(a) the Plenary Guardian of the ESTATE is authorized to spend income for the aforesaid purposes without the Court's written approval. The Plenary Guardian is expressly authorized to spend down the Estate of AUSTIN MICHAEL STONE to the point necessary for him to qualify for Medical Assistance. In the event that DIANE J. STONE is not available to serve as the Plenary Guardian of the ESTATE, TYLER A. STONE shall serve as the Plenary Guardian of the ESTATE. C. REVOCATION OF THE INCAPACITATED PERSON'S POWERS OF ATTORNEY: Any existing power of attorney, including but not limited to, general power of attorney, limited power of attorney and/or health care power of attorney executed by the incapacitated person is hereby specifically revoked and rendered null and void. D. RIGHT OF APPEAL: The incapacitated person has the right to appeal this Decree to the Superior Court of Pennsylvania within thirty (30Lvs of this Decree. The Clerk of Courts shall immediately docket this Order and record in the docket the date it was made. The Clerk shall forthwith furnish a copy of the Order, by mail or personal delivery, to each party or attorney, and shall record in the docket the time and manner thereof. By the Court, A � � �.-� z�. � � £'�� Christylee . Peck, J. THE CLERK OF COURTS SHALL SERVE: Hannah Herman-Snyder, Esquire Jennifer B. Hipp, Esquire Roger L. Stone, 6174 Tray Wood Lane, Manassas, VA 20112 : ORPHANS' COURT DNISION . COURT OF COMMON PLEAS OF In Re: Austin Michael Stone,An Alleged Incapacitated . CUMBERLAND COiJNTY . PENNSYLVANIA . N0. 21-13-0945 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 11/8/13 JUDGE'S INITIALS: CLP TIME STAMP DATE: 11/8/13 IN RE: Order of Court ............................................................................................................................ SERVICE TO: AUSTIN M STONE 1201 CLAREMONT ROAD CARLISLE PA 17015 HANNAH HERMAN-SNYDER 200 N HANOVER ST CARLISLE PA 17013 JENNIFER B HIPP 1 W MAIN ST SHIREMANSTOWN PA 17011-6327 ROGER STONE 6174 TREYWOOD LANE MANASSES VA 20112 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS �PETITIONER ❑RRR ❑ JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 11/13/13 ............................................................................................................................ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑PETITIONER ❑ RRR ❑ J[JDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: �� --� � � ��,�"l;� C�'l�. Deputy Clerk of Orphans' Court '