HomeMy WebLinkAbout05-01-06
IN RE: SHIRLEY A. GINGERICH,
An Alleged
Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-06-0243
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FINAL DECREE APPOINTING THE TEMPORARY
LIMITED FINANCIAL GUARDIAN AND APPROVING THE
SALE OF THE INCAPACITATED PERSON'S FORMER HOME
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AND NOW, this I day of ,/l.W '\ 2006, a hearin;'in
this case having been held on May 1, 2006, and it appearing td2
the Court that the alleged incapacitated person,' Shirley A.
Gingerich, and other interested parties were duly served with the
petition, decree, citation, and notice of the hearing, as set
forth in the verifications of service; and it appearing that no
party in interest objects to the requested relief; the Court
finds from the testimony and the documentary evidence that:
1. The condition of Ms. Gingerich would be harmed by her
presence at the hearing.
2. Ms. Gingerich suffers from irreversible conditions or
disabilities which impair her capacity to receive and evaluate
information effectively; which impair her ability to meet
essential requirements for her physical health and safety; and
which impair her capacity to make and communicate financial
decisions.
3. There are inadequate support services available to
assist Ms. Gingerich in such decisions, and there exists no less
restrictive alternative mechanism for decision-making (other than
the requested guardianship) .
4. The powers of attorney attached to the petition do not
authorize the agentjattorney-in-fact to sell Ms. Gingerich's real
estate.
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5. Based on Ms. Gingerich's inability to manage her
financial affairs and to meet the essential requirements for her
physical health and safety, a limited guardian of her estate is
required on a temporary basis for the sole and limited purpose of
selling her former residence at 119 North Second Street,
Wormleysburg, Pennsylvania.
6. The interests of the proposed financial guardian,
Sharon Parthemore, do not conflict with the interests of the
alleged incapacitated person.
7. The proposed sale price of Ms. Gingerich's former
residence is fair and reasonable, taking into account all
relevant considerations.
NOW THEREFORE, based on the clear and convincing evidence
supporting the foregoing findings, it is ORDERED, ADJUDGED, and
DECREED that:
1. Shirley A. Gingerich is a partially incapacitated
person, and Sharon parthemore is appointed temporary limited
guardian of her estate.
2. The financial guardian shall have the following powers
to act for Ms. Gingerich in the following specific areas:
(a) signing all documents and taking all action
necessary or appropriate to consummate the proposed sale of Ms.
Gingerich's former home at 119 North Second Street, Wormleysburg,
Pennsylvania to Sean Allewelt for $65,000, including signing the
agreement of sale substantially in the form attached to the
petition as Exhibit E; and signing the deed and the settlement
sheet;
(b) delivering the net sale proceeds to Ms.
Gingerich's agent/attorney-in-fact, Sandra K. Seckinger, for
further handling consistent with her stated powers and
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responsibilities as set forth in the power of attorney attached
to the petition;
(c) filing a verification with the Court, confirming
the consummation of the sale and the delivery to Ms. Seckinger of
the net sale proceeds set forth in the settlement sheet; and
(d) acting with such other powers as are authorized by
law, are reasonably related to the foregoing powers, or are
reasonably implied therefrom.
3. Upon the filing of the verified statement set forth in
paragraph 2, the guardian shall be relieved of any further powers
or responsibilities relating to the estate of Shirley A.
Gingerich, an incapacitated person, and is excused from filing
any interim or final report.
4. In accordance with 20 Pa. C.S. ~5512(g), Ms. Gingerich
shall retain all legal rights, except in those areas over which
the limited financial guardian has been granted powers, as
identified in this order, and those areas over which the
agent/attorney-in-fact, Sandra K. Seckinger, has been granted
powers in the governing documents attached to the petition.
5. Shirley A. Gingerich, an incapacitated person, has the
right to appeal this order by filing exceptions within 1Q days
after this date, or to petition this Court for a review hearing
to modify or terminate the guardianship herein established.
Since Ms. Gingerich was not present at the hearing on appointment
of a guardian, petitioner, her counsel, or his designee shall
serve upon and read to Shirley A. Gingerich the Statement of
Rights, a copy of which is attached to thisaryl~ as Exhibit "Alii
and petitioner's counsel shall file proof bf~Ch service within
10 days.
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IN RE: SHIRLEY A. GINGERICH,
An Alleged
Incapacitated Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-06-0243
TO: Shirley A. Gingerich, an Incapacitated Person
STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED
AN INCAPACITATED PERSON AND ARE UNABLE TO CARE FOR YOURSELF
AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE
EXCEPTIONS TO THE COURT'S DECISION WITHIN 10 DAYS AFTER 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 30 DAYS AFTER 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 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 MAY BE PROVIDED AT NO COST TO YOU.
Exhibit "A"
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In Re: Estate of SHIRLEY GINGRICH
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-243
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 05/01/06
JUDGE'S INITIALS: EBB
TIME STAMP DATE: 05/01/06
IN RE: FINAL DECREE
SERVICE TO:
SHARON PARTHMORE
SANDRA SECKINGER
R LYNN MAGARGLE MD
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[gJ USPS
DRRR
o HAND DELIVERED
o OTHER_
[gJ PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 5/03/06
SERVICE TO:
ERIN PARTHMORE
DEBORAH HALEY
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[gJ USPS
DRRR
o HAND DELIVERED
o OTHER
[gJ PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 05/03/06
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Clerk of Orphans' Court