HomeMy WebLinkAbout07-03-14 . r �
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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O.C.NO. 21-14-0442 �_ --� =� �'
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ESTATE OF DAVID DEMLER,JR., .' = ,`--' �~ ` ' �=,
AN ALLEGED INCAPACITATED PERSON - � = 1?' c.a r,-'.;
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FINAL DECREE �_, <::., `' � : -;�
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AND NOW, this �� day of �_�_, 2014- , based upon the evidence received and
the record, this Court finds by clear and convincing evidence that David Demler, Jr. is adjudged a
totally incapacitated person.
The Court finds that David Demler, Jr. suffers from conditions which totally impair his
capacity to receive and evaluate information effectively, to make and communicate decisions
concerning management of his financial affairs, and to meet essential requirements for his physical
health and safety.
Brian D. Brooks d/b/a Pennsylvania Guardianship Association is hereby appointed Plenary
Permanent Guardian of the ESTATE of David Demler, Jr. Bond is waived. The Guardian of the
ESTATE shall file an inventory within three months of this decree of the incapacitated person's real
and personal property, pursuant to 20 Pa.C.S.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).
The Guardian of the ESTATE shall not have the authority to enter a safety deposit box in the
name of David Demler, Jr. (individually or jointly) without written Court authorization.
The Guardian of the ESTATE 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
Guardian of the ESTATE is permitted to spend INCOME for the incapacitated person without the
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Court's written approval. Brian D. Brooks d/b/a Pennsylvania Guardianship Association shall be
entitled to reasonable fees for services provided to the incapacitated person. If the incapacitated person
qualifies for Medical Assistance benefits, Brian D. Brooks d/b/a Pennsylvania Guardianship
Association shall be entitled to $100.00 per month or other amount established by the Commonwealth.
Brian D. Brooks d/b/a Pennsylvania Guardianship Association, as Guardian of the ESTATE,
shall have the authority to engage in transactions, on behalf of David Demler, Jr., 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.
Brian D. Brooks d/b/a Pennsylvania Guardianship Association having now been appointed
Guardian of the ESTATE of David Demler, Jr., and having determined it appropriate to exercise the
authority granted under 20 Pa. C.S.A. § 5604(c)(1) of the PEF Code to rescind any and all durable
financial powers of attorney heretofore executed by the incapacitated person, said power(s) are hereby
deemed to be null and void.
Court-appointed counsel shall be entitled to reasonable fees for services provided. �f3�ir'
, . . If there are insufficient funds in David Demler,
Jr.'s estate to pay Court-appointed counsel's fees, such fees 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.
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: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: David Demler,Jr.An Alleged Incapacitated . CUMBERLAND COL7NTY
. PENNSYLVANIA
. N0.21-14-0442
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 7/3/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 7/3/14
IN KE: FINAL DECREE
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SERVICE TO: BRIAN BROOKS PA GUARDIANSHIP ASSOC IN PO BOX 7295 LANCASTER PA 17604
DALE JACKSON 322 N SECOND ST APT 1806 HARRISBURG PA 17101
LORETTA BONILLA 6818 LIBERTY STONE SAN ANTONIO TX 78244
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS �PETITIONER
❑� ❑JUDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 7/7/14
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SERVICE TO: MANORCARE HEALTH SERVICES-CAMP HILL 1700 MARKET ST CAMP HILL PA 17011
KENNEDY PC LAW OFFICES BENJAMIN GLATFELTER PO BOX 5100 HARRISBURG PA 17110
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑ PETITIONER
❑R-RR ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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Deputy
Clerk of Orphans' Co