HomeMy WebLinkAbout01-08-15 IN RE: . IN THE COURT OF COMMON PLEAS;OF
CUMBERLAND COUNTY, PF�NSYLVA.��A �
PEARL L. HICKS . THE NINTH JUDICIAL DT���ICT "�' '� �
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AN ALLEGED INCAPACITATED . � ..-�.�-_ � "� `��; �'
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PERSON . 21-14-1039 ? �:� f;� � r`��
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IN RE: PETITION FOR GUARDIANSHIP ��'� ��? � � "�
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ORDER OF COURT
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AND NOW, this 5th day of January, 2015 , upon
review of the Petition for Adjudication of Incapacity and
Appointment of Guardianship or in the alternative an order
directing the sale of the alleged incapacitated person' s interest
in real estate, following testimony of the alleged incompetent
Pearl L. Hicks ' s doctor, Dr. Ehgartner, who indicated Ms . Hicks
suffers from dementia and hypertension to a point where she is
effectively mute and cannot communicate her needs and desires and
is unable to manage her resources and meet essential requirements
for her physical health and safety, she is found to be an
incapacitated person.
The Court being in receipt of Respondent ' s
Exhibit l, a general Power of Attorney naming Eric Hicks, Sr. ,
and the Court ' s desire to be minimally invasive into the lives of
the parties, it is ordered and directed as follows :
1 . The agent under the Power of Attorney shall
join with Petitioner, his aunt, to sell the property.
2 . If the parties cannot agree upon a listing
agent for the sale of the property within 10 days, they shall
submit their choice of agents in writing to the Court, and
thereafter the Court will determine the agent to be used in the
sale of the property.
3 . In review of which agent to appoint, the
Court requires submission from the parties of the proposed real
estate agent ' s resume or curriculum vitae or business plan,
together with recommendations from the agent as to what needs to
be done to the property to expedite its quick sale, which may
include renting the property or leaving it vacant .
4 . Upon the sale of the property, the
court-appointed counsel for the incapacitated person,
Robert P. Kline, Esquire, shall act as escrow agent for the
proceeds .
5 . Any proceeds shall be used to establish a
burial account for the incapacitated person and to reimburse
Petitioner and/or agent any costs associated with the
maintenance, upkeep, and/or sale of the property. Any remainder
of the proceeds shall be held in escrow until agreement on
distribution is reached or further Court Order.
By th t, _.____
Thomas . Placey C. P.J.
Shaun O' Toole, Esquire
220 Pine Street
Harrisburg, PA 17101
For Petitioner
Robert P. Kline, Esquire
715 Bridge Street
P.O. Box 461
New Cumberland, PA 17070
Court-appointed for Pearl L. Hicks
Eric Hicks, pro se
2722 Reel Street
Harrisburg, PA 17110
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: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: PEARL L HICKS . CUMBERLAND COIJNTY
. PENNSYLVANIA
. N0. 21-14-1039
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1/5/15
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 1/8/l5
IN RE: ORDER OF COURT
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SERVICE TO: WILLIAM N HICKS 3049 CANBY ST HARRISBURG PA 17103
KEVIN HICKS 2636 N SIXTH ST HARRISBURG PA 171 10
ERIC HICKS 2722 REEL ST HARRISBURG PA 17110
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAI LED: O 1/09/15
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SERVICE TO: GOLDEN LNING CENTER ATTN� PEARL HICKS 46 ERFORD RD CAMP HILL PA 17011
ROW ENVELOPE USED FOR PEARL HICKS
SHAUN O'TOOLE 220 PINE ST HARRISBURG PA 17101;
ROBERT P KLINE 715 BRIDGE ST PO BOX 461 NEW CUMBERLAND PA 17070
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS ❑ PETITIONER
❑ RRR �JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: O1/09/15 ���
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'`�Deputy . ..
Clerk o rphans' Court
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