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Home My WebLink About04-16-15 �. , IN RE: : IN THE COURT OF COMMON PEAS : CUMBERLAND COUNTY, PENNSYLVANIA JILL R. HERMAN : : ORPHANS' COURT DiVISION An Alieged Incapacitated Person : ,r� : No. a � -15- U�� I c� q c o u, �a h�., � � =� � � � -r_ c� � <n � �::�:� � r � � � �-- .,,.. r� � �� r� _ t:n ''`' w,:;� c� FINAL DECREE -" �, � � , j <`> __� �s `�-� . "� � _ `,Vt AND NOW, this �_day of J�� , 2015, a hearing in this case harl�ng be�r � C-, - , � rn held on �P , 2015, and it appearing to the Court that notice of this hearing.:�as "' -,`�� served upon all parties to whom such notice is required or was directed by the Court, including Jill R. Herman, the alleged incapacitated person, who was served with a Citation and a Notice of Hearing on �s �-�-, 2015, the Court finds, based upon clear and convincing evidence presented at the hearing: 1. That Jill R. Herman is an adult individual domiciled at 870 Crooked Stick Drive, Mechanicsburg, PA 17050. 2. That Jill R. Herman suffers from physical and mental impairments as the result of various conditions, as more fully described in the deposition of Gregory J. Moore, M.D., Ph.D., taken December 20, 2014, a condition or disability which totally impairs her cognitive functioning and capacity to receive and evaluate information effectively and to make and communicate decisions concerning the management of her financial affairs and to meet essential requirements for her daily physical health and safety. 3. That there are insufficient supports available to assist Jill R. Herman in such decisions and that there exists no other less restrictive alternative mechanism for decision- making. 976A28.2 �/GU .�,�ii+ii i i �nrn��r� � �_ 4. That Jill R. Herman is a totally incapacitated person as defined by 20 Pa.C.S.A. § 5501. 5. That based on the total incapacity of Jiil R. Herman to receive and evaluate information and to make or communicate decisions, Jill R. Herman is in need of plenary guardianship of her PERSON and her ESTATE on a permanent basis. 6. That the condition or disability of Jill R. Herman is of a type that shall continue indefinitely, and the need for a guardian of her ESTATE and PERSON shall continue indefinitely and until further Order of Court. 7. That it is in the best interest of Jill R. Herman to affirm the appointment of Alan H. Herman, Deborah K. Herman, Adam M. Herman, and/or Bethany J. Isabell (acting jointly and severally) as plenary guardians of the PERSON and ESTATE of Jill R. Herman. 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 Jill R. Herman is a totally incapacitated persan. Alan H. Herman, Deborah K. Herman, Adam M. Herman, and/or Bethany J. Isabell (acting jointly and severally) are appointed plenary guardians of the PERSON and ESTATE of Jill R. Herman 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 Alan H. Herman, Deborah K. Herman, Adam M. Herman, and/or Bethany J. Isabell as guardians of the PERSON and ESTATE of Jill R. Herman shall be effective until further Order of Court. -�� , � Within ninety (90) days of the date of this Decree, Alan H. Herman, Deborah K. Herman, Adam M. Herman, and Bethany J. Isabell shall file a complete Inventory on behalf of Jill R. Herman, in accordance with the provisions of 20 Pa.C.S.A. § 5521(b) and § 5142. The said guardians are 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. Jill R. Herman, 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 Jill R. Herman is not present at the hearing on appointment of the guardian, then counsel far Jill R. Herman shall serve upon and read to Jill R. Herman 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). ."11111f� I �91T11"I , . , �'� 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. �JF�T: - � THOMA A. PLACEY, JUDGE ATTEST: . �1911 1 I �fllil " . ORPHANS' COUR"� DIVISION . COURT OF COMMON PLEAS OF In Re: JILL R HERMAN . CUMBERLAND COIJNTY . PENNSYLVANIA . N0.21-IS-0201 CERTIFICATE OF SERVICE OF ORllER ORDER DATE: 4/16/15 JUDGE'S INITIALS: TAP TIME STAMP DATE: 4/16/15 IN RE: FINAL DECREE ............................................................................................................................ SERVICE TO: RHOADS& SINON S. MITCHELL PO BOX 1146 HARRISBURG PA 17108 JILL R HERMAN 870 CROOKED ST1CK DR MECHANICSBURG PA 17050 METHOD OF MAILING: ENVELOPES PROVIDED BY: � USPS �PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑ OTHER MAILED:4/20/15 ............................................................................................................................ SERVICE TO: ANDREW C SHEELY 127 S MARKET ST MECHANICSBURG PA 17055 METHOD OF MAILING: ENVELOPES PROVIDED BY: � USPS ❑ PETITIONER � R.R.R ❑ JUDGE ❑ HAND DELIVERED �CLERK OF ORPHANS COURT ❑ OTHER / . MAILED: 4/20/15 �`` � �� , ;� � eputy Clerk f Orphans' Court