HomeMy WebLinkAbout07-07-06
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IN RE:
JOSEPH M. FELDISH, SR.,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 2006-411
ORDER OF COURT
AND NOW, this 5th day of July, 2006, based upon
the evidence received, this Court finds by clear and
convincing evidence that Joseph M. Feldish, Sr., is a
totally incapacitated person in need of plenary guardianship
services.
The Court finds that Joseph M. Feldish, Sr.,
suffers from dementia and Parkinson's disease. These
conditions or disabilities totally impair his capacity to
receive and evaluate information effectively and to make and
communicate decisions regarding the management of his
financial and personal affairs.
Accordingly, Good News Consulting, Inc., is
appointed plenary permanent guardian of the estate and
person of Joseph M. Feldish, Sr. The guardian will not be
required to post bond and shall be entitled to an initial
start up fee of $350.00 and then a monthly fee in the amount
of $150.00, should the incapacitated person's estate be
capable of supporting such a fee; otherwise, in the amount
of $100.00 as established by the Medical Assistance
regulations.
The Guardian shall file a report in compliance
with 20 Pa. C.S. Section 5521(c) within 90 days of this
order and annually thereafter.
The Guardian of the Estate shall be able to enter
any safety deposit box, if any, in the name of Joseph M.
Feldish, Sr., without prior Court authorization; however,
upon entry of such safety deposit box, an inventory of the
contents of the safety deposit box shall be filed with the
Court within five working days.
The Guardian of the Person and the Guardian of the
Estate shall cooperate to prepare a budget to cover the
costs of providing nursing care services to the person of
Joseph M. Feldish, Sr.
The Guardian of the Estate shall have the
authority and responsibility to manage and use Joseph M.
Feldish, Sr. 's property primarily for his benefit and
secondarily for the benefit of his legal dependents in
accordance with 20 Pa. C.S. Section 5536(a) without the
Court's written approval.
The Guardian of the Estate may also spend
principal assets, if any, for the skilled nursing care and
maintenance rendered to Joseph M. Feldish, Sr., by Country
Meadows of West Shore, and to establish an appropriate,
reasonable burial reserve without Court approval.
The Court's determination of incapacity has taken
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into consideration those factors required by 20 Pa. C.S.
Section 5512.1.
Kirk S. Sohonage, Esquire
For the Petitioner
John J. Mangan, Esquire
For Joseph M. Feldish, Sr.
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By the Court,
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M. L. Ebert,
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In Re: JOSEPH M. FELDISH SR.
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-0411
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 07-05-06
JUDG E 'S INITIALS: MLE
TIME STAMP DATE: 07 -07 -06
IN RE: ORDER APPOINTING GUARDIAN
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SERVICE TO:
TC TO KIRK SOHANAGE. ESO AND JOHN J MANGAN
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