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Home My WebLink About01-09-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ;„ IN RE: ORPHANS' COURT DI�#SION � � � -_ o � rn PATRICIA L. SHARBAUGH, � '� � �-' b No. 21-2014-84 -r� � � �n ,.� �', -µ_ An Alleged Incapacitated Person. _� �-: r— ---s �� --' r r.r � ; s �i � .., . .., �:,"J ORDER OF COURT APPOINTING � � _ , . < , c� .+ �-; ... _ '-L7 .,.�, �i PERMANENT PLENARY GUARDIAN OF THE PERSON AND ES�'A� � � �r' -:� TE �:`� c=� �:..j N �� rn 6— .. C.l (n C� a�� r�' -� AND NOW, to-wit, this "t day of January, 2015, following a hearing held on January 9, 2015, it appearing to the Court that PATRICIA L. SHARBAUGH was served on or about September 18, 2014, with a Citation and Notice in this matter, the Court finds from clear and convincing evidence presented at the hearing (including the affidavit of Edward Lamarque, M.D.): 1. That PATRICIA L. SHARBAUGH suffsrs from multiple conditions and disabilities, including but not limited to Parkinson's Disease, Epilepsy and Depressive Disorder, which totally impair her capacity to receive and evaluate information effectively and to make and communicate decisions necessary to both meet essential requirements for her physical health and safety and for the management of her financial resources. 2. That there are insufficient supports available to assist PATRICIA L. SHARBAUGH in overcoming such limitations and that there exists no less restrictive alternative mechanism for decision-making regarding her person and estate than the appointment of a plenary guardian. 3. That based on the total incapacity of PATRICIA L. SHARBAUGH to receive and evaluate information effectively and to make or communicate decisions regarding her person or her financial affairs, a plenary guardian of her person and estate is required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that PATRICIA L. SHARBAUGH be and is hereby adjudged an incapacitated person and that KEYSTONE GUARDIANSHIP SERVICES, is appointed plenary, permanent guardian of the person and estate. KEYSTONE GUARDIANSHIP SERVICES, as permanent, plenary guardian of the person of PATRICIA L. SHARBAUGH, shall have full authority to consent to the general care, maintenance, and custody of PATRICIA L. SHARBAUGH without exception. The permanent plenary guardian of the person herein appointed shall also assure that PATRICIA L. SHARBAUGH receives appropriate services and shall assist her in developing self-reliance and independence. KEYSTONE GUARDIANSHIP SERVICES, as permanent, plenary guardian of the estate of PATRICIA L. SHARBAUGH, shall have the authority to marshal all of her income and assets, to pay her bills, and to manage her financial affairs, as fully as PATRICIA L. SHARBAUGH could do so herself if she had not been adjudged incapacitated. KEYSTONE GUARDIANSHIP SERVICES, as permanent plenary guardian of the person of PATRICIA L. SHARBAUGH, is hereby authorized, to be paid a one-time startup fee of Five Hundred and 00/100 Dollars ($500.00) and, in accordance with applicable Pennsylvania Medical Assistance regulations, to be paid the sum of One Hundred and 00/100 Dollars ($100.00) per month on an ongoing basis from the income of PATRICIA L. SHARBAUGH, for guardian's services rendered to her, reserving the right to petition for allowance of additional fees as may be appropriate. Any additional guardian's compensation shall not be paid from the estate of PATRICIA L. SHARBAUGH without specific, separate approval by this Court. If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the guardian of the estate except in the presence of a representative of the financial - 2 - institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the guardian of the estate. An inventory must be filed by the guardian of the estate no later than April 9, 2015. Reports by the guardians of the person and of the estate shall be filed on or before April 9, 2015, and annually thereafter in a form approved by the Orphans' Court Division. Within sixty (60) days of the death of the incapacitated person or an adjudication of capacity and modification of existing orders, the guardian of the estate shall file a final report with the Court in the form prescribed for accounts which shall cover the period from the date of the appointment of the guardian of the estate to the date of death of the incapacitated person or the adjudication of capacity. A guardian's bond is presently waived but shall be presented for approval by guardian of the estate within five (5) days of the guardian becoming aware of assets other than these set forth in the Petition. PATRICIA L. SHARBAUGH, an incapacitated person, has the right to appeal this Order of Court by filing exceptions with the Clerk of the Orphans' Court within ten (10) days and by filing notice of such appeal to the Superior Court or to petition this Court for a review hearing to modify or terminate the adjudication of incapacity and the guardianship herein established. If PATRICIA L. SHARBAUGH was not present at this hearing on appointment of guardian then she shall be notified of these rights by serving upon and reading to her a copy of this Order and the Statement of Rights attached hereto as Exhibit "A". Proof of service of the Statement of - 3 - Rights shall be filed with the Clerk of Orphans' Court within ten (10) days of the date of this Order. PER CURIAM: , J. - 4 - STATEMENT OF RIGHTS 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 THEIR 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 ARE ENTITLED 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: PATRICIA L SHARBAUGH,AN ALLEGED INCAP : CUMBERLAND COUNTY . PENNSYLVANIA : N0. 21-14-0846 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 1/9/15 JUDGE'S INITIALS: MLE TIME STAMP DATE: 1/9/15 1N RE: ORDER OF COURT ............................................................................................................................ SERVICE TO: CHRISTOPHER FISHER CONSTANCE ECKENRODE-KEYSTONE GUARDIANSHIP METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑ USPS ❑PETITIONER � R� ❑ JUDGE � HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 1/9/15 ............................................................................................................................ SERVICE TO: PATRICIA SHARBAUGI-I 770 POPLAR CHURCH ROAD CAMP HILL PA 17011 MARK BAYLEY 17 WEST SOUTH STREET CARLISLE PA 17013 METHOD OF MA[LING: ENVELOPES PROVIDED BY: � USPS ❑PETITIONER � �R ❑JUDGE ❑ HAND DELNERED ❑ CLERK OF ORPHANS COURT ❑ OTEiER MAILED: 1/15/15 � �' r �- Deputy Clerk of Orphans' Court