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Home My WebLink About08-27-14 - . ' , IN RE: : IN THE COURT OF COMMON PEAS : CUMBERLAND COUNTY, PENNSYLVANIA KEITH E. KLAIR : : ORPHANS' COURT DIVISION An Alleged Incapacitated Person : � : No. 21-14-0619 � � � rn � o � rn � u� � c= �_.� o rnz � � crs � � �` r N r+�r rn t— ,,. �r� � .._ ...7 q * �,-� . . FINAL DECREE �� <--� �; :� ��r; -�°ny � Y 4....) ,...� � �w� •f r �r �m� � AND NOW, this�l day of August, 2014, a hearing in this case ha�g be�he4� rn �r u� � on August 27, 2014, and it appearing to the Court that notice of this hearing was ser�d upon all parties to whom such notice is required or was directed by the Court, including Keith E. Klair, the alleged incapacitated person, who was served with a Citation and a Notice of Hearing on July 21, 2014, the Court finds, based upon clear and convincing evidence presented at the hearing: 1. That Keith E. Klair is an adult individual domiciled at 23 White Oak Boulevard, Mechanicsburg, Pennsylvania 17050. 2. That Keith E. Klair suffers from physical and mental impairments as the result of various conditions, as more fully described in the deposition of Paul J. Eslinger, Ph.D., taken June 13, 2014, a condition or disability which totally impairs his cognitive functioning and capacity to receive and evaluate information effectively and to make and communicate decisions concerning the management of his financial affairs and to meet essential requirements for his daily physical health and safety. 3. That there are insufficient supports available to assist Keith E. Klair in such decisions and that there exists no other less restrictive alternative mechanism for decision- making. 942463.2 � � . , 4. That Keith E. Klair is a totally incapacitated person as defined by 20 Pa.C.S.A. § 5501. 5. That based on the total incapacity of Keith E. Klair to receive and evaluate information and to make or communicate decisions, Keith E. Klair is in need of plenary guardianship of his PERSON and his ESTATE on a permanent basis. 6. That the condition or disability of Keith E. Klair is of a type that shall continue indefinitely, and the need for a guardian of his ESTATE and PERSON shall continue indefinitely and until further Order of Court. 7. That it is in the best interest of Keith E. Klair to affirm the appointment of Kim E. Jumper as plenary guardian of the PERSON of Keith E. Klair and Lodge Life Services, Inc. as plenary guardian of his ESTATE. 8. That judicial findings and determinations contained herein have taken into consideration the matters required by 20 Pa.C.S.A. § 5512.1. Accordingly, based on the foregoing findings, it is therefore ORDERED, ADJUDGED and DECREED that Keith E. Klair is a totally incapacitated person. Kim E. Jumper is appointed plenary guardian of the PERSON of Keith E. Klair, and Life Lodge Services, Inc. is appointed plenary guardian of the ESTATE of Keith E. Klair under the provisions of Section 5511 of the Probate, Estates and Fiduciaries Code. The guardians shall have all powers and duties provided by law including those described in 20 Pa.C.S.A. § 5521. The appointment of Kim E. Jumper as guardian of the PERSON of Keith E. Klair, and the appointment of Lodge Life Services, Inc. as guardian of the ESTATE of Keith E. Klair, shall be effective until further Order of Court. . � Within ninety (90) days of the date of this Decree, Lodge Life Services, Inc. shall file a complete Inventory on behalf of Keith E. Klair, in accordance with the provisions of 20 Pa.C.S.A. § 5521(b) and § 5142. The said guardian is not permitted to expend the principal of the incapacitated person's estate without permission of the Court in accordance with the provisions of 20 Pa.C.S.A. § 5536. Furthermore, the said guardians shall file a Report at least once within the first twelve (12) months of their appointment and at least annually thereafter in accordance with the provisions of 20 Pa.C.SA § 5521 (c)(I)(i) and (ii). Should the incapacitated person die or be declared to have regained capacity, the guardians shall file a Final Report with the Court within sixty (60) days of the date of death pursuant to 20 Pa.C.SA § 5521(c)(2). The Court waives the entry of a bond at this time pending a review of the Inventory. Keith E. Klair, an incapacitated person has the right to appeal this Final Decree by filing exceptions within ten (10) days of this date or to petition this Court for a review hearing to modify or terminate the guardianship hearing established. If Keith E. Klair is not present at the hearing on appointment of the guardian, then counsel for Keith E. Klair shall serve upon and read to Keith E. Klair the Statement of Rights, a copy of which is attached to this Order as Exhibit "A," and file proof of such service with this Court within ten (10) days. Exceptions may be filed within twenty (20) days from the date of this Final Decree. An appeal from the Final Decree may be taken to the appropriate appellate court within thirty (30) days from entry of the Final Decree. (See Pa.R.O.C. No. 7.1, as amended, and Pa.R.A.P. Nos. 902 and 903). Payment to Rhoads & Sinon LLP, counsel for Petitioner, of attorney's fees, reimbursement of reasonable costs of services rendered in connection with these proceedings may be made from the incapacitated person's estate. BY TH RT: THOMA . PLACEY, JUDGE ATTEST: , EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ONE COURT HOUSE SQUARE CARLISLE, PA 17013 STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN IMPORTANT NOTICE AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU WILL BE PROVIDED AT NO COST TO YOU. : ORPHANS' COURT DIVISION . COURT OF COMMON PLEAS OF In Re: KEITH E KLAIR . CUMBERLAND COLJNTY . PENNSYLVANIA . N0.21-14-0619 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 8/27/14 JUDGE'S INITIALS: TAP TIME STAMP DATE: 8/27/14 IN RE: FINAL DECREE ............................................................................................................................ SERVICE TO: SCOTT ALAN MITCHELL,ESQ S��/�'�. METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑ USPS ❑PETITIONER ❑ RRR � � / J ❑JUDGE � HAND DELIVERED � �� ❑ CLERK OF ORPHANS COURT ❑OTHER MAILED: ............................................................................................................................ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑PETITIONER ❑RRR ❑JUDGE ❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑ OTHER MAILED: �/ a / . D erk o Orphans' Court _ __ _ : ORPHANS' COURT DIVISION . COURT OF COMMON PLEAS OF In Re: KEITH E KLAIR . CUMBERLAND COUNTY . PENNSYLVANIA . N0.21-14-0619 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 8/27/14 JUDGE'S INITIALS: TAP TIME STAMP DATE: 8/27/14 IN RE: FINAL DECREE ....................................................... .................................................................. SERVICE TO: KIM E JLJMPER&LIFE LODGE SERVICES.INC c/o RHOADS&SINON LLP ATTN: SCOTT ALAN MITCHELL,ESO PO BOX 1146 HARRISBURG PA 17108 KEITH E KLAIR 23 WHITE OAK BLVD MECHANICSBURG PA 17050 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS � PETITIONER ❑ RRR ❑NDGE � HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 8/27/14 ............................................................................................................................ SERVICE TO: AUSTIN F GROGAN 3901 MARKET ST CAMP HILL PA 17011 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS ❑ PETITIONER ❑ RRR �JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 8/27/14 r , ep Cl of Orphans' Court . _ _ _