HomeMy WebLinkAbout11-20-13 IN RE: ANNE DYKES : IN THE COURT OF COMMON PLEAS OF
DAVIS, AN ALLEGED : CUMBERLAND COUNTY, PENNSfLYANIA- m
INCAPACITATED : ORPHANS' COURT DIVISION
PERSON _? m o M m
NO. 21-13-1065 ORPHANS' COURt U c
-,J_ `rti TE
FINAL DECREE OF GUARDIANSHIP P ;; �7 s o
m
AND NOW, this 20`h day of November,2013, based upon the reco€d and-the
testimony presented, this Court finds by clear and convincing evidence that Anne Dykes
Davis suffers from severe dementia and is an incapacitated person who cannot manage
her personal or financial affairs, and that expert medical testimony was presented that her
condition will not improve, and accordingly,
It is hereby ORDERED and DECREED that Dawn Ferguson is appointed Plenary
Guardian of the Person and Estate with powers and duties including, but not limited to
the following: (1) to consent to medical treatment; (2) to provide for the continued care
and placement of Anne Dykes Davis, including to consent to and authorize admission to
a long-term care or other appropriate care facility; (3) to oversee her care at any long-
term care of other facility; (4) to complete and sign any necessary insurance; (5) to
ascertain the amount and extent of any assets of and to sue such funds as necessary to
fulfill the preceding duties; and (6) to provide for the continued care and well-being of
Anne Dykes Davis, all in accordance with the provisions of 20 Pa. C.S.A. §5501, et seq.
and as limited therein.
IT IS FURTI-TER ordered that the Guardian of the Estate shall not post a Court-
appointed bond.
THE GUARDIAN of the Estate shall have the authority and responsibility to
manage and use the incapacitated person's property and assets primarily for Ms. Anne
Dykes Davis's benefit. The Guardian of the Estate is permitted to spend income for the
care and maintenance of the incapacitated person without the Court's written approval
and that the Guardian of the Estate is authorized to expend principal from a bank account
in the name of Anne Dykes Davis, being held at Intervest Bank, and from a CD that is in
the amount of$1,000.00 in the name of Anne Dykes Davis provided, however, that the
Guardian of the Estate provides an accounting and inventory of these expenditures on a
yearly basis. The Guardian may petition the Court for grant of additional allowance for
payments of fees, costs, or expenses related to providing services hereunder, to be
payable from the Estate assets.
IT IS FURTHER ordered that the Guardian of the Person shall file a Report on the
social, medical and other relevant conditions within six (6) months from the date of this
appointment and annually thereafter as required by 20 Pa. C.S.A. §5521(c), on the forms
provided by the Clerk of the Orphans' Court of Cumberland County.
IT IS FURTHER ordered that the Guardian of the Estate shall file an Inventory
with the Court within ninety (90) days and a Report within six (6) months from the date
of this appointment and annually thereafter as required by 20 Pa, C.S.A. §5521(c), also
on the forms provided by the Clerk of Orphans' Court of Cumberland County.
IT IS FURTHER ordered that within sixty (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. 20 Pa. C.S.A. §5521(c)(2).
BY THE COURT,
(Xx
Christylee L. Peck, J.
Brian K. Zellner, Esq.
2608 North Third Street
Harrisburg, PA 17110
Attorney for Petitioner
Frederick Davis
626 Shadow Tree Drive
Oceanside, CA 92058
Falon Davis
New York City Department
of Corrections
75-20 Astoria Blvd.
East Elmhurst, NY 11370
Emeritus at Creekview
Director of Nursing
1100 Grandon Way
Mechanicsburg, PA 17050
:rc
1 y
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: ANNE DYKES DAVIS CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-13-1065
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/20/2013
JUDGE'S INITIALS: CLP
TIME STAMP DATE: 11/20/2013
IN RE: FINAL DECREE OF GUARDIANSHIP
............................................................................................................................
SERVICE TO: BRIAN K ZELLNER 2608 N THRID ST HBG PA 17110
EMERITUS AT CREEKVIEW 1100 GRANDON WAY MECH PA 17050
FREDERICK DAVIS 626 SHADOW TREE DRIVE OCEANSIDE CA 92058
FALON DAVIS NYC DEPT OF CORRECTIONS 75-20 ASTORIA BLVD E ELMHURST NY 11370
METHOD OF MAILING: ENVELOPES PROVIDED BY:
®USPS ❑PETITIONER
❑ RRR ® JUDGE
❑ ',HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 11/21/2013
..................
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ RRR ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
eputy
Clerk of Orphans' Court