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HomeMy WebLinkAbout12-02-13 , -- � IN THE COURT OF COMMON PLEAS OF - CUMBERLAND COUNTY,PENNSYLVANIA ���O�� ' ORPHANS' COURT DIVISION �� ��F[C�' 0 F REG1S7'�'� OF �ILL� O.C.NO.21-13-0938 ',;;3 �F� 2 ._��` P�' 3 `�3 E S T A T E O F E L L E N E. P A►R K S, C�.�R K 0 F' AN ALLEGED INCAPACITATED PERSON ������s� C� CU1�B�RLAJ�p ��T FINAL DECREE C Q., p�, AND NOW,this 2.� day o , 20�3 ,based upon the evidence received and the record,this Court finds,by clear and convincing evidence,that Ellen E. Parks is adjudged a totally incapacitated person. The Court finds that Ellen E. Parks suffers from dementia, a condition which totally impairs her capacity to receive and evaluate information effectively and to make and communicate decisions concerning management of her financial affairs or to meet essential requirements for her physical . health and safety. Good News Consulting, Inc. is hereby appointed Plenary Permanent Guardian of the PERSON of Ellen E. Parks. This Guardian of the PERSON sha11 file a Report on the social,medical and other relevant conditions as required by 20 Pa.C.S.A. § 5521(c)(ii)within the first twelve months of their appointment and annually thereafter. Good News Consulting,Inc. is hereby appointed Plenary Permanent Guardian of the ESTATE of Ellen E. Parks. Bond is waived;however, Good News Consulting, Inc. shall maintain current, insurance coverage. The Guardian of the ESTATE shall file an inventory within three months of this decree of the incapacita.ted person's real and personal property,pursuant to 20 Pa.C:Sr A. § 5521(b). In addition,the Guardian of the ESTATE shall file a report within the first twelve months of their appointment and at least annually thereafter, containing the information required in 20 Pa.C.S.A. § 5521(c)(1)(i). , . A � Neither the Guardian of the PERSON nor the Guardian of the ESTATE shall have authority to enter a safety deposit box in the name of Ellen E. Parks (individually or jointly)without written Court authorization. The Guardian of the PERSON shall have authority and responsibility to decide where Ellen E. Parks shall live and how meals,personal care,transportation and recreation will be provided. The Guardian of the PERSON shall also have the autliority to authorize and consent to medical treatment and surgical procedures necessary for the well-being of Ellen E. Parks. The Guardian of the PERSON and the Guardian of the ESTATE shall cooperate to prepare a budget to cover the cost of providing the aforementioned services to the person of Ellen E. Parks. The Guardian of the ESTATE shall have authority and responsibility to manage and use the incapacitated person's property prunarily for her benefit in accordance with 20 Pa.C.S.A. § 5536(a). The Guardian of the ESTATE is permitted to spend INCOME for the incapacitated person without the Court's written approval. Good News Consulting, Inc. shall be entitled to reasonable fees for services provided to the incapacitated person, and if the incapacitated person qualifies for Medical Assistance benefits, Good News Consulting, Inc. shall be entitled to $100.00 per month or other amount established by the Commonwealth. Good News Consulting, Inc., as Guardian of the ESTATE, shall have the autllority to engage in transactions, on behalf of Ellen E. Parks, with the Internal Revenue Service and the Pennsylvania Department of Revenue. These transactions shall include, but not be limited to, filing Federal Income Tax Returns, filing Pennsylvania lncome Tax Returns and requesting copies of previously filed tax returns. Good News Consulting,Inc.,having now been appointed Guardian of the ESTATE of Ellen E. Parks, and having determined it appropriate to exercise the authority granted them under 20 Pa. C.S.A. § 5604(c)(1) of the PEF Code to rescind any and all durable powers of attorney heretofore executed by the incapacitated person, said power(s) are hereby deemed to be null and void. .- . . Court-appointed counsel, Mark F. Bayley, Esquire, shall be entitled to reasonable fees for services provided. Such services shall be paid by Cumberland County. The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa.C.S.A. § 5512.1. The Court's findings of fact and conclusions of law have been placed on the record at the evidentiary hearing. � , J. Thomas A. Placey Comm�n Pieas )udge , . ORPHANS'COURT DIVISION . COURT OF COMMON PLEAS OF In Re: ELLEN E PARKS : CUMBERLAND COUNTY . PENNSYLVANIA � . N0.21-13-0938 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 12/2/13 JUDGE'S INITIALS: TAP TIME STAMP DATE: 12/2/13 IN RE: FINAL DECREE ............................................................................................................................ SERVICE TO: MANORCARE HEALTH SVS-CARLISLE ATTN: ELLEN E PARKS 940 WALNUT BOTTOM ROAD CARLISLE PA 17015 BENJAMIN J GLATFELTER PO BOX 5100 HARRISBURG PA 17110 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS �PETITIONER ❑RRR ❑NDGE ❑HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑OTHER MAILED: 12/3/13 ............................................................................................................................ SERVICE TO: MARK BAYLEY 17 W SOUTH ST CARLISLE PA 17013 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS ❑PETITIONER , �RRR �JUDGE ❑HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑OTHER MAILED: 12/3/13 � . e ty C rk of Orphans' Court